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On Monday, March 11th, A. D. 1918
LAWS
OF THE
STATE OF DELAWARE
PASSED AT A
SPECIAL SESSION
OF TlIE
NINETY- SIXTH GENERAL ASSEMBLY
COMMENCED AND 11ELD AT DOVER
AND
In the Year of the Independence of the ' United States the One
Hundred and Forty- Second
AND
NINETY- SEVENTH SESSION
OF THE
GENERAL ASSEMBLY
COMMENCED AND HELD AT DOVER
On Tuesday, January 7th, A. D. 1919
AND
In the Year of the Independence of the United States the One
Hundred and Forty- Third
VOLUME XXX
TI1E STAR PUBLISHING CO.
Star Building
309 Shipley Street
Wilmington, Delaware
1919

On Monday, March 11th, A. D. 1918
LAWS
OF THE
STATE OF DELAWARE
PASSED AT A
SPECIAL SESSION
OF TlIE
NINETY-SIXTH GENERAL ASSEMBLY
COMMENCED AND 11ELD AT DOVER
AND
In the Year of the Independence of the 'United States the One
Hundred and Forty-Second
AND
NINETY-SEVENTH SESSION
OF THE
GENERAL ASSEMBLY
COMMENCED AND HELD AT DOVER
On Tuesday, January 7th, A. D. 1919
AND
In the Year of the Independence of the United States the One
Hundred and Forty-Third
VOLUME XXX
TI1E STAR PUBLISHING CO.
Star Building
309 Shipley Street
Wilmington, Delaware
1919
LAWS
OF THE
STATE OF DELAWARE
PASSED AT A
SPECIAL SESSION
OF THE
NINETY-SIXTH GENERAL ASSEMBLY
COMMENCED AND IIELD AT DOVER
On Monday, March 11th, A. D. 1918
AND
In the Year of the Independence of the United States the One
Hundred and Forty-Second
VOLUME XXX-PART I
Tin; STAR PUBLISHING CO.
Star Building
309 Shipley Street
Wilmington, Delaware
1919
LAWS OF DELAWARE
TITLE THREE
State Revenue and Supplies
CHAPTER 1.
STATE HEW E N U
AN ACT Appropriaing certain money out of the State Treasury of the State
of Delaware to pay certain claims against the State.
Be it enacted by the Senate and House of Representatives of
the Stale of Delaware, in General Assembly met:
Section 1. That the several sums of money hereinafter named
are hereby appropriated out of .the Treasury of this State for
the purpose of paying the claims hereinafter mentioned, and the
State Treasurer is hereby autorized and directed to pay the
same as follows :
3
John M. Walker $ .50
E. L. Jones 2.40
II. C. Taylor 2.40
Diamond State Telephone Company 215.73
Mrs. W. It. Brown, typewriter rent 5.00
.T. E. Beck 2.95
Austin Merritt 9.80
Mardelva Electric Co 1.50
Wm. Wicks 6.00
Chas. Zanders 8.25
J. R. Hunter 81.35
Delaware Republican 14.50
Wm. Mann Co 63b.35
Wm. Mann Co 46.50
Dover Machine Co 80.00
Dover Machine Co 442.40
P. N. Buckingham 1.55
P. N. Buckingham .72
4 LAWS OF DELAWARE.
STATE REVENUE.
J. S. Godwin 1.00
Delaware State News 104.00
The Index 1.25
Dover Lumber Co 7.15
T. IC. Jones & Bro 10.52
Chas. M. Smith Co 37.00
Jas. W. Wise 10.32
M. M. Hirons typewriter rent 5.00
Chas. M. Smith 22.50
John A. Barnard 38.00
Aaron Perkins 19.00.
Miss Mabel Moore 25.00
James B. Rice 384.00
John Waters 55.25
C. H. Molliston 15.00
Robt. Smith 15.00
Miss Elizabeth Collins, typewriter rent 5.00
Milford Chronicle 71.50
Oliver A. Newton 34.56
Ed. B. Brown 43.20
Chas. W. Mitchell 59.40
Ira L. Long 94.80
Harlan M. Joseph 64.80
Robt. H. Hollett 11.88
John A. Barnard 7.56
Chas. D. Murphy 18.36
Jos. Frazier 12.96
James B. Hickman 55.08
Thos. F. Gormley 54.00
John M. Walker 64.80
I larvey llotrecker 56.16
Frank R. Poole 33.48
Edward Hart 20.52
Lt. Clov. Lewis E. Eliason 123.00
Lt. Gov. Lewis E. Eliason 45.36
Hervey P. Hall 12.96
Walter Rash 48.34
Andrew L. Cross 48.34
Henry C. Downward 48.34
John E. McNabb 48.34
LAWS OF DELAwAitu. 5
STATE REVENUE.
Win. M. Connelly 48.34
Geo. W. Webster 59.40
Willard S. Gregg 62.64
B. G. Buckingham 64.30
W. Truxton Boyce 59.48
Harry P. Ahern 45.36
Thos. J. Green 43.20
J. Griffith Ellison 35.64
Martin B. Burris 23.76
Joseph C. Hutchinson 23.76
John Tarburton 18.00
Daniel F. Loose 6.48
Edward C. Daly 19.60
Cooper Gruwell 17.28
Geo. B. Kersey 10.80
'John W. Killen 11.62
G. W. Swain 18.36
Albert B. Peet 29.16
John Prettyman 36.76
Coulter Messick 34.56
Edwin H. Tindall 50.76
James T. Chipman 46.18
Samuel N. Culver 54.00
'Silas J. Lewis 71.28
Daniel C. Hall 71.28
Geo. D. Marvel 61.28
Thos. J. Pritchett 43.20
Wm. H. Welch 52.92
State Board of Edncation, Contingent Fund 1000.00
The Trustees of Delaware College for the
Maintenance of the Summer School for
Teachers a Contingent Fund 1000.00
Approved April 25, A. D. 1918.
6 LAWS OF DELAWARE.
STATE REVENUE.
CLIArrEtt 2.
STATE REVENUE.
AN ACT prohibiting the sale or gift of intoxicating liquors of any kind to
any person who is In the service of the United States, either Army or
Navy, or anyone wearing the uniform of the United States Army or
Navy service, and providing penalties for the violation of the same.
Be it enacted by the Senate and House of Representatives o
the Stale of Delaware, in General Assembly met:
Section 1. That it shall be unlawful for any person or per-sons
to sell, or to give away by any shift or device whatsoever,
any intoxicating liquors of any kind to any person who is in
the service of the United States, either Army or Navy, or any-one
wearing the uniform of the United States Army or Navy
service. Anyone violating the provisions of this Act shall be
guilty of a misdemeanor and, upon conviction shall, for the
first offense be fined not less than one hundred dollars ($100)
nor more than five hundred dollars ($500) aml the cost of
prosecution, and shall be imprisoned for a term not exceeding
six months; and for each and every subsequent offense, shall be
fined not less than two hundred dollars ($200) nor more than
five hundred dollars ($500) and the cost of prosecution, and
shall be hnprisoned for a term not Jess than six months, nor
more than one year.
Section 2. That all prosecutions for any and all violations
of the provisions of this Act shall be upon presentment and
indictment to the Coml. of (1eneral Sessions of the several coun-ties
of this State, and any Justice of the Peace shall have the
same authority to receive information for any violation thereof,
and to hold to bail for appearance to said court, as is now exer-cised
under the laws of this State in other matters of criminal
nature.
Approved April 10, A. D. 1918.
TITLE FOUR
Public Arms and Defense
CHAPTER,. 3.
STATE COUNCIL OP DEFENSE.
AN ACT relating to the maintenance of the public safety and the vital enter-prises
within the State during the war period, and for that purpose creat-ing
the State Council of Defense and defining its powers and precribing
the duties under this Act of persons resident within the State during the
said period, and fixing penalties for the non-observance of the provi-sions
of this Act.
Be it enacted by the Senate and lfouse of Representatires of
the Slate of Delaware in General Assembly met:
Section 1. In order to provide effective means of defense and
preserving order within the State, and to insure the maximum
output of agricultural and industrial products and the mainte-nance
of vital enterprises during the period of the war in which
the United States is now engaged, a council of defense for this
Si ale is hereby established, which shall be known as "The State
Council of Defense" which shall consist of the Governor and
six Or more suitable persons, not to exceed fifteen, residents of
this State, who shall be appointed by the Governor.
Section 2. The State Council of Defense shall continue in
existence throughout the duration of the present war, and for
six months after the said war shall be terminated by treaties
duly ratified by the Senate of the United States, at which time
the said Council shall be dissolved by proclamation of the Gov-ernor.
All vacancies occurring in the said Council shall be
filled by the Governor.
Section 3. The powers and duties of the said Council during
its existence and until it shall be dissolved shall be:
7
8 Lmvs OF DELAWARE.
STATE COUNCIL OF DEFENSE..
To enroll men not in the national army for carrying on
agriculture and industries, and all necessary enterprises within
the State, and with power to compel the performance of such
labor, when they are violators of Section 4 of this Act, and to
impose upon them such military or other services as shall be
necessary to carry out the objects of this Act.
To encourage the production of all things necessary. for
the supplying of the national army and the civilian population,
the maintenance of agriculture and all industries and enter-prises
essential to the interests of the State and Nation through-out
the war, and until the said council shall be dissolved as
aforesaid.
To co-operate and assist the council of national defense
in the execution of its duties.
To co-operate with councils of defense and similar agen-cies
in other states in so far as co-operation is in harmony with
the council of national defense.
To promote within the Stale of Delaware such plans of
national defense as are mutually agreed upon between it and
the council of national defense.
To adopt, Or if it shall see fit, to cause to he taken, a
census and inventory of the resources of the State in men and
materials, to make investigation and report to the (lovernor
the location and availability of military supplies, and the loca-tion
and capacity of railroadsantomobiles and all other means
of transportation and conveyance within the State so as to
determine their availability for military purposes of the State,
and to render possible the expeditions mobilization and con-centration
of State- troops, and supplies at points of defense
and mil i Lary advan t age.
To give information to producers of materials as to sup-plies
needed by such military forces.
And in general to take such steps as may be, in the opinion
of said council, necessary or advisable for the public defense
LAWS OF DELAWARE. 9
STATE COUNCIL OF DEFENSE.
and security; for the protection of routes of communication;
for the public care and assistance of individuals and classes
upon whom the hardships of war would fall most heavily; for
the development of those resources of the State from which will
lw derived the supplies of food and other commodities upon
which the conduct of war makes a special drain; and such other
measures as may be necessary to meet the exigencies of all
situations occasioned by war, if not in conflict with any rule
promulgated by the National Council of Defense.
9. To appoint an advisory council within the State and such
committees and local councils as it shall find expedient, which
shall have such powers as the said council shall determine sub-jet
to be terminated at the discretion of the Council.
Section 4. It shall be the duty of every male resident of this
State between the ages of eighteen and fifty-five years, who
shall not be in the national army or a public officer, to be
employed in a useful or lawful occupation during the said
period, and every such person who Otall not be so ,employed
shall be subject to be assigned by the said council to such
employment as the said council shall from time to time deter-mine
and at such compensation to be paid by the employer as
tlw said council and employer shall agree to be reasonable and
proper, provided, that the provisions of this act shall not apply
to persons temporarily unemployed by reason of differences
with their employers, nor to bona tide students during the school
term, nor to persons fitting themselves to engage in trade or
Indust rial pursuits.
Section 5. Any resident of this State who shall refuse to obey
or shall fail to comply with any order of the said Council m-itt(
big to any of the provisions of this Act shall be guilty of a
misdemeanor, and upon conviction thereof shall be fined not
more than three hundred dollars, or imprisoned not exceeding
three months, or both, at; the discretion of the Court, provided
that all prosecutions under the provisions of this Act shall be
in the nature of an appeal, in which any matters which could
have been urged by the Defendant; against the issuance of said
order by the State Council of Defense may be used as a defense
10 LAWS OF DELAWARE.
STATE COUNCIL OF DEFENSE.
in said prosecution, the right of a waiver of hearing and to bail
being preserved in all eases, and all such prosecutions shall be
handled expeditiously by the pyosecuting officers and the Court.
Section 6. The said council shall have the power to sub-poena
witnesses and require their testimony, compel the pro-duction
of account books and files and all documents relative
to any investigation or matter which may be under considera-tion
by it.
Section 7. It shall be the duty of every public officer in this
State, excepting the members of the general assembly and of
the judiciary, whenever directed by the said council to execute
any of its orders for the preservation of the peace or the carry-ing
out of any of the objects of this act.
Section 8. The said council shall employ such agents, assist-ants
and clerical force as it shall find necessary or expedient.
Section 9. The members of the said Council shall serve with-out
pay, and their expense while serving shall be paid by war-rants
drawn on the State Treasurer, when accompanied by
proper vouchers specifying the expenditures, and countersigned
by the Governor.
Section 10. The said Council is hereby authorized and em-powered
to draw upon the State Treasurer warrants, when
accompanied by proper vouchers specifying the expenditures,
countersigned by the governor for such amounts as shall be
necessary to effect the objects Of this Act, which warrants shall
be paid by the State Treasurer out of any unappropriated
moneys in the treasury, provided that no outlay of money by
the said Council or its Agencies shall be made or contractea
for until approved by the Governor.
Approved April 8, A. D. 1918.
TITLE EIGHT
Elections
CHAPTER 4.
ItEGISTItATION O1 VOTERS.
AN ACT to amend Chapter 56 of the Revised Code of the State of Delaware
by providing for the appointment by the Governor of a number of Auxil-iary
Registrars for the purpose of registering Delaware boys in the
Military Service, for election purposes.
Be it enacted by the Senate and the Mouse of Representatives
of the State of Delaware in General Assembly met:
Section 1. That 1650 Sec. 32, 1651 Sec. 33, 1652 Sec. 34, 1653
See. 35, 1654 See. 36, 1655 See. 37, 1656 See. 38, 1657 Sec. 39,
be, and the same are hereby amended by striking out all of the
said numbers, and inserting in lieu thereof, the following to be
known as 1650 See. 32, 1651 See. 33, 1652 See. 3.1, 1653 See. 35,
1654 Sec. 36, 1655 See. 37, 1656 Sec. 38, 1657 Sec. 39.
1650 Sec. 32. The Governor of this State shall designate and
appoint at the same time of appointing other registration offi-cers
of this State, as many qualified citizens of the State as
Auxiliary Registrars of Voters, as he may det,m necessary for
the purposes herein prescribed, who shall qualify as other Reg-istrars
are required to do and whose duty it shall be to visit
some time before the last Saturday in September, in any year
in which a general election is held, all Military or Naval En-vanipments
in this State or the United States, or in whatever
part of the world they may be located, wherein citizens of this
State shall be enlisted or engaged in the discharge of military
duty, for the purpose of registering, as hereinafter provided for
such citizens as voters of the Hundred or Election District in
which they are entitled to be registered, as designated in Sec. 31
it
12 LAWS OF DELAWARE.
REGISTRATION OF VOTERS.
of this Chapter, Prorided, that in the appointment of said
Auxiliary Registrars by the Governor, the same number shall
be appointed from each of the two principal political parties of
the State, and in perforating the duties herein prescribed, they
shall work and travel in Boards of two, one from each of the
said political parties.
1651. Sec. 33. APPLICATION FOR REGISTRATION DEEMED A
PERSONAL APPLICATION WITHIN SEOTION 4, ARTICLE V or CON-STITUTION
:Upon application being made to be registered as a
voter of any Hundred or Election District of this State, by any
officer or enlisted man of any military organization, before any
of said Auxiliary Registrars of Voters as provided for in the
foregoing Section of this Chapter, such application shall be
deemed and taken to be a personal application within the mean-ing
of paragraph 3, Section 4, of Article V. of the Constitution.
1652. Sec. 34. NoTo'n OP TIME OF VISIT] NG CAMPS :The
Auxiliary Registrars herein provided for, shall not the en-campment
or encampments of the time they will visit them for
the purpose of registering voters, and they shall sit for register-ing
during such hours of the day as shall he arranged to suit the
convenience of such military organization.
1653. Sec. 35. R ECORD OF APPLICANTS; How KFavr:The
Auxiliary Registrars shall make and keep a complete list of the
names of all those applying to them to be registered, together
with their qualifications as to age, birth, nativity, etc., in the
same manner and detail as is required to be done on the books
of registration kept by the _Registrars sitting in the various
II undreds or Election Districts of this State.
1654. Sec. 36. SEPARATE LISTS FOR EACH ELECTION DIS-TRICT
:The Auxiliary Registrars shall make a separate and
distinct list for each I kindred or Election District of this State
of all those applying to them to be registered ill such Hundred
Øj Election District.
1655. Sec. 37. RETURN OF AUXILL RV Il EU IsTamt:Imme-
-diately upon the completion of these lists of registration and
LAWS or DELAWARE. - 13
REGISTRATION OF VOTERS.
not later than the third Saturday next preceding the day of
the next General Election, the Auxiliary Registrars shall make
and certify under oath, and forward by registered mail or per-sonal
delivery, to the Registrars of the various Hundreds or
Election Districts of this State, the names and qualifications
as recorded by them of all those who applied to them to be reg-istered
in such Hundreds or Election Districts.
1656. Sec. 38. REGISTRARS OF ELECTION DISTRICTS TO ENTER
ON REGISTRATION BOOKS THE NAMES RETURNED BY AUXILIARY
REGISTRAR; CHALLENGE; REGISTRAR TO KEEP LIST; SUBJECT TO
NSPECTION ; REGISTRAR TO MAKE LIST OF THOSE REGISTERED AND
NOT REGISTERED; APPEALS :The Registrars of and for the re-spective
Hundreds or Election Districts of this State, who shall
receive any such list from any Auxiliary Registrars as herein
provided for, shall open such list of voters during the first hour
cf the next succeeding meeting of the officers of registration for
the purpose of registering. Then and there the Registrar shall
in a clear and distinct voice, audible to those in the room and
as well as those about the window, where voters are gathered
for the purpose of being registered, read the name of each
voter so returned by the Auxiliary Registrars for registration.
Every mime shall be entered upon the books of registration
kept in and for such Hundred or Election District, if it is found
I hat the person represented by such name would have been
qualified to have appeared there in person and been registered.
But any member of the Board of Registration or any qualified
voter of the Election District may challenge the registering of
the names upon the book of registration, for the Hundred or
Election District; and the question of the right to register such
name shall be determined by the registration officers just as
t hey are authorized to determine like questions concerning those
Nvho present themselves before them there in the Election Dis-trict.
The Registrar shall keep complete and inviolate the list
01 names and qualifications just as he received them from the
Auxiliary Registrars, but such list shall always be subject to
the inspection or the qualified voters of the Election District,
provided it shall not be taken front the possession. of the Reg-istrar.
-14 LAWS OF DELAWARE.
REGISTRATION OF VOTERS.
The Registrar of the Election District shall also make and
keep for the inspection of the voters of his Election District a
list of all those names which he has received from the Auxiliary
Registrars and which have been granted registration on the
hooks of that Hundred or Election District, and he shall also
keep another separate list of all the names so received by him
which have been denied registration -upon said books, and those
lists shall in like manner be at all times subject to the inspec-
1 am of the qualified voters of that Hundred or Election Dis-trict.
And from the action of the Registration officers in so
granting or refusing registration to any name received from the
Auxiliary Registrars any Registration officer or interested per-son
may appeal as provided for in Section 4 of Article V of the
Constitution.
1051. See. 39. COMPENSATION OP AUXILIARY REGISTRARS;
Ilow PA in Auxiliary Registration officers provided for
by this Chaitter shall reeeive such compensation per day as is
allowed to Registrars sitting in the various districts of this
State, and he shall be allowed and paid by the State Treasurer
such an amount for traveling expenses as shall be approved by
the State Auditor upon vouchers presented him, Prorided, that
all appeals for an absent member of the military force may
be taken by his attorney, as effectually as by himself, and in
all appeals front the registration of any eitizen absent in the
in service, defense can he made as effectually by his
attorney as if he yore present in person,
Approved April 10, A. D. 1918.
TITLE NINE
Corporations
CHAPTER
RENEWAL AND REVIVAL OF CHARTERS.
AN ACT in relation to the renewal of the Charters of corporations.
He it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met (two-thirds of
alt the members elected to each If onse of the General. Assembly
concurring (herein):
Section 1. That any corporation whose charter has expired
by reason Of fin lure to renew the same through oversight or
inadvertence, or whose charter has been renewed but through
failure to comply strictly with the provisions of the General
Corporation Law, the validity of the renewal has been brought
into question, may, at any time before the first day of January,
A. D. 1919, procure a renewal and revival of its charter or a
confirmation of the renewal and revival of its charter for any
period, together with all the rights, franchises, privileges and
immunities and _subject to all its duties, debts and liabilities
which had been secured or imposed by its original charter and
all amendments thereto, by tiling .with the Secretary of State a
certificate of its last or actingPresident and Secretary, or the
offieers performing the functions of President and Secretary,
or by such officers to be elected as hereinafter provided, duly
morn or affirmed to by such officers.
Such certificate shall set forth:
The name of the corporation, which name shall be the
same name it bore when the charter expired or was attempted
to he renewed.
The name of the city, town or place within the county in
witielt its principal office or place of business is located in this
State.
ill
16 LAWS OF DELAWARE.
RENEWAL AND REVIVAL OF CHARTERS.
The date when such renewal or revival is to commence,
which shall be prior to the date of the expiration of the charter
which it is desired to renew, or prior to the date when it was
attempted to renew the charter; whether or not such renewal
is to he perpetual, and if not perpetual, the time for which such
renewal is to continue.
That the corporation desiring to renew and so renewing
its charter was duly organized and carried on the business
authorized by its charter until the day
of 1 , at which time its charter expired
by limitation through inadvertence and oversight on the part
of the corporation, or in the case of a corporation whose charter
has been renewed but not in strict compliance with the pro-visions
of the General Corporation Law, that it was duly organ-ized
and carried on the business authorized by its charter until
the day of 1 , at which time its
charter was renewed but not in strict compliance with the pro-visions
of the General Corporation Law; and that this certifi-cate
is tiled by the authority of those who were directors or
managers of the said corporation at the time its charter expired
and who under the laws of this State and by virtue thereof
became its trustee, or who were elected Directors of said cor-poration
as hereinafter provided.
Sect ion 2. Such certificate shall be filed, copied, recorded
and dealt with, and in all respects shall have the same force
aml effect as if such certificate had been filed by such corpora-tion
before the expiration of its charter, under the provisions of
Chapter 65, Revised Statutes of the State of Delaware.
fipon such revival and renewal, or confirmation of renewal,
all acts, matters and things done and performed by such cor-poration
within the scope of its charter, since the expiration of
the same, or since the attempted renewal of its charter, shall be
and hereby are expressly ratified and approved, and all real and
personal property, rights and credits, which were of the said
corporation at the time of the expiration of its choler, and
which have not been dispGsed of, shall he vested in and restored
to the renewed and revived corporation as fully and amply as
1,Aws or DELAWARE. l'T
RENEWAL AND REVIVAL OF CHARTERS.
they were held by said corporation at and before the time when
its charter expired or was attempted to be renewed.
Section 3. Ally corporation seeking to renew or to confirm
the renewal of its charter under the provisions of this Act shall
first pay all City, County, State and franchise taxes and charges
which it would by law have been liable to pay and chargeable
with, if its said Charter had not expired; and said corporation
shall file the certificate mentioned in Section 1 of this act a
statement executed and sworn or affirmed to by its last or act-ing
President and Secretary, or the officers performing the
functions of President and Secretary. Said statement shall
contain the amount of said taxes, and charges so paid, the date
of payment, to whom paid, and the period of time covered by.
said taxes and during which they accrued.
Section 4. Before the charter of any corporation shall be
renewed and revived, or the renewal of any charter confirmed,
_under the provisions of this Act, the said corporation shall file
under the seal used by it immediately prior to the expiration of
the charter of said corporation, and duly attested by its last or
acting Secretary, or the officer performing the function of Sec-retary,
an acceptance of the provisions of the present Consti-tution
of this State.
Section 5. That if the last President and Secretary, or the
officers performing the functions of President and Secretary,
or eit her of them, of any such corporation so desiring to renew
its existence, should be dead at the time of such renewal, the
directors of such corporation, or the .survivors of them, if not
less than three, may elect a successor to such deceased presi-dent
or secretary, or the officers performing the functions of
president and secretary, or successors to both, if both be dead,
and if less than three directors of such corporation shall be
living when it is desired to effect a renewal of such corporate
existence, then the stockholders of such corporation may elect
as many directors as may be necessary (together with the sur-viving
directors or director, if any) to constitute a board of
three directors; and such board may elect a successor to the
deceased president QV secretary, or the officers performing the
18 LAWS OF DELAWARE.
RENEWAL AND REVIVAL OF CHARTERS.
functions of president and secretary, or successors to both, if
both be dead, and may authorize the execution of the Certificate
of Renewal, as hereinbefore provided, but may not perform or
exercise any other office or function. A meeting of the directors
of the corporation, or of the survivors of them, or of the board,
as elected wholly or partly by the stockholders as provided in
this Section, may be called by any director upon ten days'
written notice, delivered personally to, or mailed to the last
known postoffice address of, every other director; and a meet-ing
of the stockholders for the purpose of electing directors, as
aforesaid, may be called by any stockholder upon ten days'
written mrtice, delivered personally to, or mailed to the last
known postoffice address of, every other stockholder. The Presi-
.dent and Secretary, or the officers performing the functions of
president and secretary, so elected may take all steps and do
all things necessary and proper to be done for the renewal of
the existence of such corporation as hereinbefore provided, and
their acts in furtherance of such renewal shall be as valid and
effective as if performed and done by the last president and
secretary, or the officers performing the functions of president
and secretary, of such corporation. After a renewal of the
existence of such corporation shall be effected, the last presi-dent,
or the officer performing the functions of president, or his
successor, elected as provided in this- Section, shall forthwith
call a meeting of the stockholders of such corporation, upon
such notice as is required by the Certificate of Incorporation,
Charter or by-la WS, for a regular meeting thereof, and at
such meeting the stockholders shall elect a full board of di-rectors,
in accordance with the Certificate of Incorporation
or Charter. Such board shall thereupon elect officers, and
assume control of the business and affairs of the corporation,
as prescribed by the Certificate of Incorporation or Charter.
Section 6. Provided, however, that this Act shall not apply
to any Life or Fire Insurance Company, or other Company
engaged in the insurance business.
Approved April 25, A. D. 1918.
LAWS OF DELAWARE. 19
CITIES AND TOWNS.
CHAPTER 6.
CITIES AND TOWNS.
AN ACT to amend Chapter 193, Volume 23, Laws of Delaware, as amended
by Chapter 163, Volume 29, Laws of Delaware, by giving additional
powers to the Council of "The Town of Milton."
Be it enacted by tlw Senate and House of Reiwesentatires of
the State of Delaware in General Assembly met (two-thirds of
all the members to each branch concurring therein):
Section 1. That Chapter 163 of Volume 29, Laws of Dela-ware,
be and the salmi is hereby stricken out, and the following
inserted in lieu thereof :
"At the first meeting of the Council, after the annual election,
the Town Council of "The Town of Milton" may, by a majority
vote, elect an Alderman with the saute judicial powers that the
Mayor of said "The Town ofMilton" now has.
At said first meeting of the Town Council, after the annual
election, the said Town Council shall also elect a President
Pro Tempore, who shall preside at all meetings of the Town
Council, during the absence of the Mayor."
Approved April 8, A. D. 1918.
TITLE ELEVEN
Education
CHAPTER 7.
FREE SCHOOLS.
AN ACT prescribing physical training for the school children of the State
and creating the Physical Training Commission to inaugurate a system
of physical training for school children.
Be it enacted by the Senate and House of Representatives of
The State of Delaware, in General Assembly met:
Section 1. That from and after the riassage of this act, the
school children of this State shall receive physical training, the
character and method of which shall be as prescribed from time
to time by the State Board of Education, and a Commission is
hereby created to be known as "The Physical Training Commis-sion,"
whose duty shall be to devise a system of physical train-ing,
and inaugurate the same in tire schools of this State, sub-ject
to the direction of the State Board of Education.
Section 2. 9.'he said Commission shall consist of the Gov-ernor
and four suitable persons, to be appointed by the Gov-ernor,
who shall serve without pay.
The functions of the said Commission shall cease when a
system of physical training shall have been inaugurated, as pro-vided
in Section 1 of this Act.
Approved April 10, A. D. 1918.
20
LAWS OF DELAWARE. 21
FREE SCHOOLS.
CHAPTER 8.
FREE SCHOOLS.
AN ACT to authorize the Board of Education of the Newark Public Schools
to determine the amount_to be raised by taxation for school purposes.
He it enacted by the Senate and House of Representatives of
the State of Delaware, in General Assembly met, (I wo-thirds of
all the members elected to each house concurring therein):
That Chapter 170 of the Laws of Delaware, approved March
15th, A. D. 1915, be and the same is hereby amended by repeal-ing
Section 1 thereof and inserting in lieu thereof the following:
Section 1. That the Board of Education of The Newark Pub-lic
Schools be, and it is, hereby authorized and empowered to
determine and fix the amount of money to be raised by taxation
for school purposes, in school Districts Nos. 39, 39IA, 41 and
.111A, of New Castle County, united and incorporated under the
mune of The Newark Public Schools.
Approved April 8, A. D. 1918.
CrIAPTER 9.
GENERAL PROVISIONS CONCERNING COURTS.
AN ACT in relation to the compensation of the Bailiffs of the Courts of the
State, holding such office in New Castle County.
Be it enacted by the Senate and House of Tiwesentatires of
the State of Delaware, in General Assembly met:
Section 1. That on and after the first day of April, A. D.
1918, the Bailiffs of the Courts of the State of Delaware, hold-ing
such offices in New Castle County shall each receive a sal-ary
of six hundred dollars ($600.00) per year, payable semi-monthly,
in the same manner as the salaries of other county
officers are paid, in lieu of four hundred and twenty dollars
($420.00) now allowed them.
Section 2. That each person who has been acting as Bailiff
of the Courts of the State of Delaware, holding office in New
Castle County, shall receive in addition to his salary of thirty-five
dollars ($35.00) per month, the further sum of fifteen dol-lars
($15.00) per month, covering the period from the first day
of July, A. D. 1917, until the first day of April, A. D. 1918, or
such part of said period as he shall have held said office, the
same to be paid in the Sallie manner as the salaries of County
officers are paid.
Approved April 8, A. D. 1918.
22
TITLE NINETEEN
Courts
RESOLUTIONS
CHAPTER 10.
Joint Resolution Ratifying the proposed Amendment to the
Constitution of the United States of America, Prohibiting the
manufacture, sale or transportation of intoxicating liquors
within, the importation thereof into, or the exportation thereof
from the United States and all Territory subject to the juris-diction
thereof for beverage purposes, and giving to the Con-gress
and the several States concurrent power to enforce the
-same by appropriate legislation.
Wiwnims, the Congress of the United States has proposed an
Amendment to the Constitution of the United States of
America, as follows:
"Section 1. After one year from the ratification of this
article the manufacture, sale or transportation of intoxicating
liquors within, the importation thereof into, or the exportation
thereof from the United States and all territory subject to the
jurisdiction thereof for beverage purposes is hereby prohibited.
Section 2. The Congress and the several States shall have
concurrent power to enforce this article by appropriate legis-lation.
Section 3. This article shall be inoperative unless it shall
have been ratified as an amendment to the Constitution by the
legislatures of the several States, as provided in the Constitu-tion,
within seven years from the date of the submission hereof
to the States by The Congress."
Be it resolved by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
23
24 LAWS OF DELAWARE.
RESOLUTIONS.
That the said proposed amendment to the Constitution of the
United States of America be, and the same is hereby ratified by
the legislature of the State of Delaware.
And be it further resolved, that certified copies of this
preamble awl joint resolution be forwarded by the Governor of
this State to the Secretary of State at Washington, to the pre-siding
officer of the United States Senate, and to the Speaker of
the House of Representatives of the United States.
.Approved March 26, A. D. 1918.
LAWS OF DELAWARE. 25
RESOLUTIONS.
CHAPTER 11.
SENATE CONCURRENT RESOLUTION No. 1.
WHEREAS, since the creation of the State Highway Depart-ment,
the country has become involved in the European War
and the new Department has found itself confronted by a
scarcity of labor and materials and unexpected high cost of
carrying out its work; and
WHEREAs, it is uncertain how long such conditions may con-tinue
and how seriously the welfare of the people may be af-fected
by a long delay in the improvement of our roads, and it
IN considered to the public advantage flint the State Highway
Department should have some expression of the views of the
people of the State through their representatives in the General
Assembly;
Now, therefore, be it resolved, by the Senate (the House of
Representatives concurring therein) that the State Highway
Department shall be expected to proceed as rapidly as possible
with the carrying out of its program and especially with the
improvement of such roads as shall be of use for military pur-poses
or for the transportation of food and supplies to and from
the State, notwithstanding the difficulties and extraordinary
expense which may be involved therein as a consequence of the
\Var.
Approved April 10, A. D. 1918.
°6 LAWS OF DELAWARE.
RESOLUTIONS.
CHAPTER 12.
SENATE CONCURRENT RESOLUTION No. 2.
A Concurrent Resolution authorizing the State Librarian to
furnish and transmit to the Attorney-General of the State of
Delaware copies of the State Judicial Reports, and State Chan-cery
Reports.
Be it resolved by the Senate, the House concurring therein,
that the State Librarian be, and he is, hereby authorized and
directed to furnish, and transmit to the Attorney-General of the
State of Delaware, at his office in New Castle County, copies of
all the State Judicial Reports, and also copies of all the State
Chancery Reports now in the office of said State Librarian, or
hereafter to be received in his office, said books to be and remain
in the office library of the Attorney-General, and not to be re-moved
therefrom.
Approved April 25, A. D. 1918.
LAWS OF DELAWARE. 27
RESOLUTIONS.
CHAPTER 13.
HOUSE CONCURRENT RESOLUTION No. 3.
Be it resolved by the House of Representatives, the Senate
concurring therein:
That no Bill shall be received *and no subject considered by
either House of the General Assembly during the present Spe-cial
Session of the General Assembly, except Bills with refer-ence
to the subjects embodied in the Proclamation of the Gov-ernor,
convening the General Assembly in Special Session.
Approved March 19, A. D. 1918.
28 .1Amvm or DELAWARE.
, REK(4,11.11()NS.
CHAPTER 14.
HOUSE CONCURRENT RESOLUTION No. 4.
Be it resolved by the House of Representatives, the Senate
concurring therein:
That the General Assembly on Friday, the 29th day of March,
A. D. 1918, at 2 o'clock P. M., adjourn sine die.
Approved April 10, A. D. 1918.
PROCLAMATION OF THE
GOVERNOR
PROCLAMATION.
STATE OF DELAWARE.
By virtue of that authority granted in Section 16 of Article
III of the Constitution of the State of Delftware, providing that
"1 fe (the Governor) may on extraordinary occasions, con-vene
the General Assembly by proclamittion;"
I, John G. Townsend, Jr., Governor of the State of Delaware,
do issue this, my Proclamation:
That the General Assembly of the State of Delaware shall
convene at Dover, the Capitol of the State, on Monday, the elev-enth
gay of March, A. D. 1918, at 12 o'clock noon, to consider
and act upon the following matters of State and National ha-portance:
To consider ways and means whereby the State of Dela-ware
can better co-operate with the National Council of Defense
and more effectively render assistance to the National Govern-ment
in the prosecution of the War now existing, and further to
provide for and fix definitely the appropriations of funds to
meet the expenses necessarily incident thereto.
To consider and tict upon a Joint Resolution, proposing
an Amendment to the Constitution of the United States, viz.:
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled (two-thirds of
each House concurring therein), That the following Amendment
to the Constitution be, and hereby is, proposed to the States, to
become valid as a part of the Constitution when ratified by the
legislatures of the several States as provided by the Consti-tution
29
30 LAWS OF' DELAWARE.
PROCLAMATION.
"ARTICLE
"Section 1. After one year from the ratification of this
Article the manufacture, sale, or transportation of intoxicating
liquors within, the importation thereof into, or the exportation
thereof from the United States and all territory subject to the
jurisdiction thereof for beverage purposes is hereby prohibited.
"See. 2. The Congress and the several States shall have con-current
power to enforce this Article by appropriate legislation.
"Sec. 3. This Article shall be inoperative unless it shall have
been ratified as an amendment to the Constitution by the legis-latures
of the several States, as provided in the Constitnion,
within seven years from the date of the submission hereof to the
States by the Congress."
III. To consider and effect into legislation such laws
whereby all citizen labor may be made available for the prolue-tion
of foods and materials, so essential in this emergency.
f GREAT SEAL]
By the Governor
EVERETT C. JOHNSON,
Secretary of State.
IN WITNESS WHEREOF, I have here-unto
set my hand and caused the Great Seal
of the State to be hereto ;axed this fifth day
of March, in the year of our Lord, one thou-sand
nine hundred and eighteen and of the
Independence of the United States of America
Ilw one hundred and forty-second.
JOHN 0. TOWNSEND, JR.
OF THE
STATE OF DELAWARE
PASSED AT THE
NINETY-SEVENTH SESSION OF THE
GENERAL ASSEMBLY
COMMENCED AND HELD AT DOVER
ON TUESDAY, JANUARY 7th, A. D. 1919
AND
IN THE YEAR OF THE INDEPENDENCE OF THE UNITED STATES
THE ONE HUNDRED AND FORTY-THIRD
VOLUME XXX-PART H
4
LAWS OF DELAWARE
TITLE ONE
Construction of Statutes '
CHAPTER 15.
AMENDMENT TO CONSTITUTION.
AN ACT agreeing to the proposed amendment of Section 15 of Article II of
the Constitution of the State of Delaware relating to the compensation
of the members and presiding officers of the General Assembly proposed
in the Senate and agreed to by two-thirds of all the members elected to
each House of the ninety-sixth General Assembly.
WHEnniks, an Amendment to the Constitution of the State of
Dalaware was proposed in the Senate in the Ninety-sixth ses-sion
of the General Assembly, as follows:
"An Act, Proposing an Amendment to Section 15, of Article
II, of the Constitution of the State of Delaware, Relating to the
Compensation of the Members and Presiding Officers of the Gen-eral
Assembly.
Re it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met (two-thirds of
all the members elected to each House concurring therein):
Section 1. That Section 15 of Article II of the Constitution
of the State of Delaware be amended by striking out all of the
first paragraph of the said Section 15 of Article II, and insert-ing
in lieu thereof the following:
"The members of the General Assembly, except the presiding
pfficers of the respective Houses, shall receive as compensation
for their services a per diem allowance of ten dollars, and the
presiding officers a per diem allowance of twelve dollars for
33
34 LAws OF DEW:WARE.
A MEN DM ENT TO CONSTITUTION.
each day of the session, not exceeding sixty days; and should
they remain longer in sesSion they shall serve without compen-sation.
In case a special or extra session ofthe General Assem-bly
be called, the members and presiding officers shall receive
like compensation for a period not exceeding thirty days."
A Nnll'imuus the said yrobosed amendnient was agreed to by
two-thirds of all the members elected to each House in the said
Ninety-sixth session of the General Assembly;
ANn WinwAs the said proposed amendment was published
b,v the Secretary of State three months before the then next
general election to wit: the general election of 1918, in three
newspapers in each County in the State of Delaware;
Now.THEREFom, be it enacted by the Senate and House of
1?epresentatires of the Slate of Dehrware in, General Assembly
met (two-thirds of all the members elected to each House of the
General Assembly-agreeing thereto):
Section 1. That the said proposed amendment be and it is
hereby agreed to and adopted mid that the same shall forthwith
become and be a pare. a the Constitution.
Approved February 6, A. D. 1919.
LAWS OP DELAWARE. - 35
AMENDMENT TO CONSTITUTION,
CHAPTER IA
AMENDIERNT TO CONSTITUTION.
AN ACT to Amend Section 17 of Article 4 of the Constitution of the State of
Delaware, permitting the Chief Justice or any Judge of the Superior
Court of the State of Delaware, to grant restraining orders and prelimi-nary
injunctions pursuant to the Rules of the Court of Chancery, during
the absence from the State or temporary disability of the Chancellor.
it enacted by the Senate and Hrmsc of Representatives of
the Stale of Dchware in General A S8C111b111 met, (tiro-thirds of
all the members elected to each House concurring therein):
Section 1. That Section 17 of Article 4, of the Constitution
of the State of Delaware be, and the same is hereby amended, by
striking out said section and inserting in lieu thereof a new Sec-tion,
to be known as Section 17, as follows:
Section 17. The Chief Justice or any Judge of the Superior
Court of the State of Delaware shall have power, in the absence
of the Chancellor from the County where any snit in equity may
be instituted, or during the temporary disability of the Chan-cellor,
to grant restraining orders, and the Chief Justice or any
Judge of the Superior Court of the State of Delaware shall have
power, during the absence of the Chancellor from the State or
Ii is temporary disability, to grant preliminary injunctions, pur-suant
to the rules of the Court of Chancery; provided that
nothing herein contained shall be construed to confer general
jurisdiction over the case.
Approved April 10, A. D. 1919.
TITLE TWO
J urisdiction and Property of the State
CHAPTER 17..
INDIAN RIVER INLET.
AN ACT providing for opening an Inlet for Indian River and Rehoboth Bay
to be known as the Indian River inlet
WHEREAS, the Commission appointed under Senate Joint
Resolution No. .3 of the Ninety-seventh General Assembly to
view and report upon the condition of Indian River Inlet has
made a report showing that the said Inlet is entirely closed and
that the body of water known as Indian River Inlet and Reho-both
Bay of an area of twenty-five square miles is thus rendered
of no value for fishing purposes and constitutes a menace to the
health of the State and recommending the opening of an Inlet
into said body of water; now therefore
Be it enacted by the Senate and House. of Representatives of
tlw State of Delaware in General Assembly met:
Section 1. That the Commission appointed under Senate
Joint Resolution No. 3 of the Ninety-seventh General Assembly
consisting of Asa Bennett, Robert H. Hollett and William H.
Danzenbaker, be and the same is continued until the end of the
Ninety-eighth General Assembly; and the said Commission
shall proceed to open an Inlet from the Atlantic Ocean to the
body of water known as Indian River and Rehoboth Bay. The
said work shall be done under the supervision of the Chief Engi-neer
of the State Highway Department and shall be paid for out
of moneys paid into the said Commission by private contribu-tions
and moneys hereinafter appropriated.
36
INDIAN RIVER INLET.
Approved April 2, A. D. 1919.
Section 2. The said Commission shall have power to select
the location and course of the said Inlet and to determine all the
details of the opening thereof. The said Commission shall also
endeavor to obtain Federal aid for the construction of said Inlet.
Section 3. The appropriation heretofore made under Senate
Joint Resolution No. 3 is hereby continued for the use of the
said Commission and there is herebY appropriated such sum or
sums as the said Commission shall require for the proper con-struction
of said inlet not exceeding the sum of Five Thousand
Dollars, which shall be paid by the State Treasurer on warrants
drawn by the said Commission or a majority of them.
LAWS OF DELAWARE. 37
38 LAWS OF DELAWAnE.
STATE HOUSE.
CHAPTER 18.
STATE HOUSE.
AN ACT providing for the erection of a building as a Memorial to the Sol-diers
and Sailors of Delaware.
Be it enacted by tlw Senate and House of Representatives of
the State of Delaware in General Assembly met:
Section 1. That the Governor of the State of Delaware be and
he is hereby authorized and directed to name, within sixty days
after the approval of this Act, not less than four and not more
than eight persons who, together with the Governor, shall be
known as "the Commission for the erection of a building in
memory of the soldiers and sailors of Delaware."
Section 2. The Commission so constituted is hereby author-ized,
empowered and directed to construct, and equip a building
as a memorial to all the soldiers and sailors of Delaware who
served in any of the wars of the United States during its entire
history. The said building shall be erected on the lot recently
acquired by the State on which is now located the building
known as 'rite County Building" on the Greene in the Town of
Dover; the building so erected to be a wing, annex or addition
to the State House, and to be used for State offices and adminis-trative
purposes, and to express in some appropriate manner its
object of commemorating the patriotic services of the Delaware
soldiers and sailors aforesaid, and to conform architecturally
with the State House.
Section 3. The members of the Commission shall receive no
salaries or other compensation for their services, but shall be re-imbursed
for actual expenses incurred in connection with their
duties as members of said Commission.
LAWS OF DELAWARE. 39
STATE HOUSE.
All vacancies occurring in the Commission shall be filled by
appointment by the Governor of the State.
'The duties of the said Commission shall include the erection
and completion of the building aforesaid, the equipment of such
building with necessary fixtures for heating and lighting; the
furnishing and decorating the same, the destruction and re-moval
of the building now occupying the said site, or the utiliza-tion
of the same or such part thereof for the new building, as the
said Commission shall deem proper, and the making of such
alteration to the present State House as shall be necessary or
proper to enable the new building to be used in connection
therewith.
Section 4. After approval of this Act the Conunissiou shall
immediately organize and shall employ a capable architect and
proceed as speedily as possible to have necessary drawings and
specifications prepared for the construction and decoration of
said building said drawings to include plans for lighting, heat-ing,
decorating and furnishing the same. Said Commission
shall let contracts for the execution of the work authorized by
this Act by public advertising to the lowest, best and most re-sponsible
bidder, and shall have the right to reject any and all
bids; and shall require all contractors to give bonds, satisfac-tory
to said Commission, at least equal to one-half the amount
of the respective contracts.
Section 5. The total aggregate cost for the construction,
equipment and decoration of such building and for the neces-sary
alterations to the State House, the performance of all other
work hereby authorized, including all fees, commissions, sala-ries
and expenses of all kinds for the Commission, counsellors
and attorneys, engineers, experts, architects, superintendents,
clerks and other employees shall not exceed the sum of one hun-dren
and twenty-five thousand dollars. All payments on ac-count
of said work shall be made by the State Treasurer upon
warrants drawn by the State Auditor from time to time upon
the presentation to him of specifically itemized vouchers ap-proved
by the Chairman and Secretary of said Commission.
40 LAWS 010 DELAWARE.
STATE HOUSE.
Section 0. Said Commission shall use its best endeavor to
complete an their duties and work by the first clay of January,
A. D. one thousand nine hundred and twenty-one. It shall have
the power to allot and assign and reassign any and all rooms or
Portions in said building or in the State House, including the
recent addition, to the various State Offices and Departments
after a thorough study of the available space and the needs and
requirements of each State Office or Department. The Commis-sion
shall render to the next General Assembly, sitting in the
year 1921, a full report of its proceedings under the provisions
of this Act.
Section 7. That the sum of one hundred and twenty-five
thousand dollars be and the same is hereby appropriated out of
the State Treasury to be paid by the State Treasurer upon war-rants
drawn as hereinbefore provided.
Approved April 2, A. D. 1919.
LAWS OF DELAWARE. 41
STATE LIBRARY.
CHAPTER 19.
STATE LIBRARY.
AN ACT to amend Chapter 5 of the Revised Code of the State of Delaware,
by increasing the Contingent Fund of the State Librarian,
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
That Chapter 5 of the Revised Code of the State of Delaware
he and the same is hereby amended by striking out all of 30,
Section 8 thereof and inserting in lieu thereof the following new
Section, to be styled 30. Section S.
30. Section 8. The Librarian shall be allowed a contingent
fund of eight hundred and fifty dollars per year to defray the
current expenses and clerk hire of the State Library.
The Librarian shall present vouchers to a Committee of the
Legislature, appointed at a biennial or adjourned Session to
settle with the State Librarian, and said vouchers shall show
how the money appropriated was expended.
Approved April 2, A. D. 1919.
TITLE THREE
State Revenue and Supplies
CHAPTER 20.
STATE REVENUE.
EXPRESS COMPANIES.
AN ACT to Amend Chapter 6, of the Revised Statutes of the State of Dela-ware,
relative to express companies doing business in this State.
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
Section 1. That Chapter 6, of the Revised Statutes of the
State of Delaware, be and the same is hereby amended by insert-ing
after Section 26, orsaid Chapter, being Code Section 63, the
following new Section, namely:
63 A. See. 26. That from and after the passage of this Act,
it shall be unlawful for any Express company now doing busi-ness
in this State, or which hereafter shall engage in business in
this State, (which said company 5111111 have by any means what-ever
assumed control of any other company or any unincorpo-rated
association of persons), to transact any further business
of any character until such company so assuming control of the
business of any other company or unincorporated association of
personS as aforesaid shall have first deposited with the State
Treasurer of this State. the RIM of Five Thousand Dollars, to be
by the said State Treasurer held for the protection of the cred-itors
of the company or unincorporated association of persons
whose business has been so assumed. The sum of Five Thou-sand
Dollars shall be subject to any attachment law or laws of
the State of Delaware, or any lawful writ of execution issued
under the laws of this State.
42
LAWS OF DELAWARE. 43
EXPRESS COMPANIES.
The said sum of Five Thousand Dollars shall be maintained
in the custody of the State Treasurer by further deposits thereto
as the same is depleted by payments to such creditors until such
ime as the various debts due creditors in this State shall have
been barred by the several acts of legal limitation in the State
of Delaware. Any Express Company violating any of the pro-visions
of this Act shall thereby forfeit its license to transact
business in this State, and shall then be subject to the imposi-tion
of the penalties imposed by Section 20 of said Chapter 6 of
the Revised Statutes of the State of Delaware,. should such com-pany
thereafter continue to transact business in this State as an
Express Company..
Approved April 9, A. D. 1919.
44 LAWS OF DELAWARE.
INSURANCE COMMISSIONER.
CHAPTER 21.
STATE REVENUE.
INSURANCE COMMISSIONER.
AN ACT to amend 87, Section 50 Chapter 6 of the Revised Code relative
to accounting and deposit of money by the Insurance Commissioner and
the audit of his accounts.
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
Section 1. That Chapter 0 of the Revised Code be amended
by striking out all of 87, Section 50 and inserting in lieu thereof
the following :
"87. Section 50. Insurance Commissioner; Annual Ac-counting
of; When made; Audit of accounts of; Deposit receipts
of :The Insurance Commissioner of Delaware shall on the first
Tuesday of each month or within five days thereafter, plainly
state under his hand, a full and true account of all money by
him received or for which he is accountable under the provisions
of the Statutes of this State, and the accounts and all the trans-actions
of the office of the Insurance Commissioner shall at the
time stated be examined and audited by the Auditor of Ac-counts.
After the auditing and examination of his accounts as
aforesaid, the said Insitrance Commissioner shall immediately
thereafter turn over to the State Treasurer the full amount of
money in his hands as shown by said account and audit, and it
shall be the duty of the State. Treasurer to give the Insurance
Commissioner a proper receipt therefor. The Insurance Com-missioner
shall keep vouchers for all the transactions in his
office and shall issue receipts for moneys paid into his office on
printed forms numbered in rotation. All his transactions shall
be indexed both as to number and name and the vouchers and
receipts shall be submitted to the Auditor at each monthly
settlement."
Approved April 2, A. D. 1919.
LAWS OF DELAWARE. 45
INTOXICATING L/QUOR.
CHAPTER 22.
STATE REVENUE.
INTOXICATING LIQUOR.
AN ACT to provide for the refunding of a proportion of liquor license fees
when the business for which such licenses are taken out, is declared
unlawful during the continuance of the license.
1k it enacted by the Senate and House of Representatives of
tlw Stale of Delaware in General Assembly met:
Section I. That in case, the manufacture and sale of intoxi-cating
liquors shall be declared unlawful by .Statute or Consti-tutional
provision of the State of Delaware or of the United
States of America, the State Treasurer is hereby authorized and
directed to refund to the respective holders of liquor licenses hi
this State whose business by reason of such Statutory or Consti-tutional
provision is made unlawful, a proportionate part of the
license fees paid by the several holders of such licenses. The
proportion of said license fees to be refunded as aforesaid shall
he determined by calculating the time when the respective
licenses by their terms would have yet to run and be operative
after the date when the business for which the licenses were
granted shall become unlawful under any such Statute or Con-stitutional
provision, and the part to be refunded shall bear the
same proportion to the fees paid for each license as the time
unexpired when the said business shall become unlawful as
aforesaid shall bear to the period for which said license was
granted. For the purpose of ascertaining the portion of said
several liquor licenses to be refunded as aforesaid, the several
holders of such liquor licenses shall procure from the Clerk of
the Peace, in the County in which said liquor license was origi-naily
granted, a certificate of such Clerk of the Peace, under the
Seal of such County, stating the date of the granting of such
46 LAWS OF DELAWARE.
INTOXICATING LIQUOR.
license, the period for which said license was granted and the
dale upon which said license would in (Inc course of law expire,
and file the same with the' said State Treasurer. The said sev-eral
Clerks of the Peace shall be entitled to receive for the mak-ing
of each of said certificates a fee of fifty cents. The State
Treasurer shall accept said certificates as conclusive evidence
9f the facts therein stated, and shall pay out of the State Treas-ury,
to such liquor license holders, the said proportion of such
liquor license fees, so to be refunded, upon the presentation of
said certificates, and the calculation of the amount to be re-funded
as aforesaid. The State Treasurer shall take from such
liquor license holders upon his payment of the money so re-funded
to them, their several receipts therefor, which shall be
endorsed upon the certificate aforesaid.
Approved April 2, A. D. 1919.
Every person, association of persons, firm or corporation so
engaged, shall, on or before the first day of June, annually, file
with the said Clerk of the Peace, a true statement of the aggre-gate
cost value of the commodities which he, she, they or it shall
have purchased for sale or shipment in said business or occupa.
LAWS OF DELAWARE. 47
MERCHANTS.
CHAPTER 23.
STATE REVENUE.
MERCHANTS.
AN ACT to amend Chapter 6 of the Revised Code of Delaware, as amended
by Chapter II, Volume 29, Laws of Delaware, relative to merchant's
license, by fixing the amount of license to be paid by buyers, sellers
and shippers of grain, fruits and vegetables by the wholesale.
lle it enacted by the Senate and House of Representatives of
1hr State of Delaware in General Assembly met:
That Chapter 6 of the Revised Code of Delaware, as amended
by Chapter 11, Volume 29, Laws of Delaware, be, and the same
is, hereby amended by adding thereto immediately after 198,
Set'tion 161, the following section, to be known as 198-A, Sec-tion
161-A:
198-A, Section 161-A: The provisions of the last foregoing
section shall not apply to persons, associations of persons, firms
or corporations engaged in the business of buying, selling and
shipping grain, fruits and vegetables by wholesale: But all
such desiring to so engage, or to continue so engaged, shall an-nually,
on or before the first day of June; take out a license to
engage in, prosecute, follow and carry on the said business and
occupation, for Ivhich he, she, it or they shall pay, for the use of
the State, to the Clerk of the Peace of the County in which such
prison, association of persons, firm or corporation, is engaged
and desires to continue so engaged, the slim of five dollars.
48 LAWS OF DELAWARE.
MERCHANTS,
tion during the year next preceding, which statement shall be
verified by the oath or affirmation of such person, or by some one
member of such association or firm, or by the president or other
presiding officer of such corporation, to be made before and cer-titled
by any person, who by the laws of this State, is duly au-thorized
to administer the same: And shall pay to said Clerk of
the Peace for the use of the State, a further tax, which, together
with the tax theretofore paid upon taking out said license, shall
aggregate a sum equal to twenty cents for every one thousand
dollars of the cost value of the commodities purchased in the
period covered by said statement. In case any person, associa-tion
of persons, firm or corporation, not having been so engaged
during the year next preceding, and desiring to engage in said
wholesale business, beginning at a period subsequent to the first
day of June, shall, before commencing said business or occupa-tion,
take out a fractional license which shall expire on the first
day of June next after the (late of its issuance, first paying to
the said Clerk of the Peace for the use of the State, the sum of
five dollars; and shall, on the first day of June next thereafter,
file with the said Clerk of the Peace a true statement, verified
by oath or affirmation as aforesaid, of the cost value of the com-modities
purchased in said business during the period covered
by said fractional license: And shall pay to the said Clerk of
the Peace, for the use of the State, a further tax, which, together
with the tax theretofore paid upon taking out said fractional
license, shall aggregate a sum equal to twenty cents for every
one thousand dollars of the cost value of the commodities pur-chased
in the period covered by said fractional license. If any
person, association of persons, firm or corporation shall engage
in, prosecute, follow or carry on, within the limits of this State,
the said business of buying, selling and shipping grain, fruits
and vegetables by wholesale, without having first obtained there-for
a license in accordance with the provisions of this Act, such
person, and each and every person composing such association
or firm, and the president, officers and directors of such corpo-ration,
shall be guilty of a misdemeanor, and upon conviction
thereof shall be liable for the payment of said tax and a fine not
to exceed five hundred dollars.
Approved April 2, A. D. 1919,
1..1 WS OF DELA WA RE. 49
HUCKSTERS AND PEDDLERS.
CHAPTER 24.
STATE REVENUE.
HUCKSTERS AND PEDDLERS.
AN ACT to amend Chapter 6 of the Revised Code relating to hucksters' and
peddlers' license.
He it enacted by the Senate and Rouse of Representatives of
the State of Delaware in General Assembly met:
Section 1. That Chapter 6 of the Revised Code be and the
same is hereby amended by repealing 215, See. 178 of said Chap-ter
and insert in lieu thereof a new section to be styled 215, See.
178, as follows:
215, Sec. 178. CEirrADI IfoNonAtux DISCHARGED SOLDIERS
AN') SAILORS ExEMPT FROM ITUCKS'PERS' AND PEDDLERS'
1.1cEssE:The provisions of this Chapter relating to Huck-slers'
and Peddlers' License shall not apply to any honorably
discharged soldier or sailor of the United States Military or
Naval Forces, who shall have been disabled in such service, resi-dent
of the State of Delaware, provided however, that such hon-erably
discharged soldier or sailor disabled in the service as
aforesaid when engaged in the occupation of Huckster or Ped-dler
shall at all times carry a certificate of his discharge in ilea
of a license for the inspection of any officer entitled to the in-spection
of such licenses.
:1pproved March 20, A. D. 1919.
50 LAWS OF DEr.AwmtE
OTOR VEII ICLES.
CHAPTER 25.
STATE REVENUE.
MOTOR VEHICLES.
AN ACT to amend 234, Sec. 197 of Chapter 6 of the Revised Code of Dela-ware
in relation to the fees to be paid for the'registration of motor ve-hicles.
Bc it enacted by the Senate and House of Representatives of
17w State of Delaware in General Assembly met:
Section 1. That 234, Sec. 197 of Chapter 6 of the Revised
Code of .1)elii ware be and the same is hereby repealed and in -
lieu thereof the following is hereby enacted and substituted
"234. Sec. 197. Every resident of this State, who is the owner
of a motor vehicle and every non-resident except as provided in
Sections 197 to 217, of this Chapter, shall, annually apply to the
Secretary of State for the registration of said motor vehicles.
The application shall be made upon blanks provided for the pur-pose
by the Secretary of State and shall contain the name, place
or residence and correct postoflice address of the owner with a
brief description of the motor vehicle stating the name of the
maker, the manufacturer's number, the character of motor
power and the rated horse-power of such motor vehicle, the
weight of said motor vehicle, and, if its use is for pleasure or
for the chief purpose of carrying persons, the maximum number
of persons it is provided to carry, if, its use is for business Or the
carriage of property, the application shall state the maximum
load capacity of such vehicle, if the vehicle is convert ible from
the one use to the other use, the maxinnun number of persons it
is provided to carry, and the maximum load capacity shall be
stated. The weight of a motor vehicle to be stated in the appli-cation
shall be the actual weight of the vehicle with the ordi:
nary and usual aecessories with \Odell such vehicle is equipped
and offered for sale by the manufacturers thereof as a complete
LAWS or DELAWARE. 51
MOTOR VEHICLES.
vehicle of its type or kind: The application shall be signed by
the owner, and shall be verified by his oath or affirmation. If
such owner is a corporation, the application shall be signed and
verified as aforesaid by the President, Vice-President, Secretary,
(leneral Manager or any duly authorized agent thereof.
The fee required for the registration of any motorcycle shall
he live dollars ($5.00), and for any other motor vehicle, shall be
I wo dollars ($2.00) for every five hundred pounds or fraction
thereof of the gross load weight of the vehicle. The gross load
weight of a vehicle, the use of which is for pleasure or for the
ivf purpose of carrying persons shall be ascertained by multi-plying
the maximum number of persons the vehicle is provided
to carry by one hundred and twenty-five pounds, and adding the
result thereby obtained to the weight of the vehicle as specified
in the application. The gross load weight of a vehicle, the use
of which is for business or the carriage of property shall be
ascertained by adding the maximum load capacity of such
vehicle to the weight of said vehicle. The fee to be paid for the
registration of a convertible vehicle shall be estimated uPon that
gross load weight, which shall be the greater, whether of the
vehicle asa carrier of persons or a carrier of property. Upon
the receipt of the application and the proper registration fee
calculated as aforesaid, the Secretary of State shall register the
said motor vehicle in a book to be kept for that purpose awl shall
issue to the owner a registration certificate; and the Secretary
of State, at the expense of the State, shall provide two num-bered
tags for each motor vehicle, excepting motorcycles, con-taining
the registration number, the figures of which shall not
be less than four inches in height and the abbreviated name of
the State and the year. The Secretary of State at the expense
or the State, shall provide one numbered tag of flexible metal
for motorcycles containing the registration number, the figures
of which shall not be less than one and three-eighths inches in
height, and the abbreviated name of the State and year, the fig-ures
to run lengthwise (one above the other) of the number tag,
\Vhivil shall not be shorter than seven inches and two and one-quarter
inches in width ; the saute to be attached to the rear mud
guard of the motorcycle, pet teitled hotveVer, that non-residents
of this State shall be entitled to the saute exemptions from the
MOTOR VEHICLES.
Approved April 2, A. D. 1919.
provisions of the said last mentioned sections as is granted to
the citizens of this State by the laws of the State in which said
non-residents reside. No motor vehicle shall be registered, the
gross load weight of which shall exceed twenty-seven thousand
pounds.
If application for the registration of any motor vehicle other
than a, motorcycle, is made on or after the first day of Septem-ber
of any year, only one-half of the above specified fee shall be
required by the Secretary of .State for the registration of such
motor vehicle other than motorcycles for that year.
The fees provided for by Sections 197, 199, 200 and 201 of this
Chapter shall include all the fees due the Secretary of State
upon any license or certificate provided for by said last-men-ti
oned Sections."
52 LAWS OF DELAWARE.
LAWS OF DELAWARE. 53
MOTOR VEHICLES,
CHAPTER 26.
STATE REVENUE.
MOTOR VEHICLES.
AN ACT to amend 234 Sec. 197 of Chapter 6 of the Revised Code of they
State of Delaware, in relation to fees to be paid for the registration of
motor vehicles.
Bait enacted by the Senate and House of Representatives of
the State of Delatvarc in General Assembly met:
Sec. 1. That 234 See. 197 of Chapter 6 of the Revised
Code of the State of Delaware be and the same is hereby
amended by adding thereto the following, to be styled "234 A
Sec. 197 A."
234 A. Sec. 197 A. All vehicles trailing after or propelled by
motor vehicles shall be considered motor vehicles, and shall be
subject to all the provisions of this Chapter. Provided, that the
Secretary of State shall furnish a special tag to be used upon
trailers, which tag shall contain, in addition to what is now re-quired
by law, the letter "T," and shall be affixed to the rear of
the trailer, if drawn, and to the front of the trailer, if propelled.
And provided, further, that a double registration fee shall be
charged for all trailers equipped with metal tires, where the
combined gross weight of any such trailer and the maximum
load capacity thereof shall exceed fifteen hundred pounds.
Approved April 2, A. D. 1919.
54 LA1VS OF DELAWARE,
MOTOR VEHICLES.
CHAPTER 27.
STATE REVENUE.
MOTOR VEHICLES.
AN ACT to amend Chapter 6 of the Revised Code of the State of Delaware,
in reference to motor vehicles.
Be it enacted by the Senate and House of Representatives of
tlw State of Delaware in General Assembly met:
Section 1. That Chapter 6 of the Revised Code of the State
of Delaware be, and the same is, hereby amended by marling to
237. Sec. 200 thereof the following new Section to be styled
"237 B. See. 200 B," as follows:
237 B. Sec. 200 B. LICENSES, REGISTRATION CERTIFICATES
AND Titus :All licenses, registration certificates and tags pro-vided
for in this Chapter, in reference to Motor Vehicles, and
issued for any particular year, shall be good for and during the
first five days of the next following year; and also it shall be
lawful to use the new licenses, registration certificates or tags,
usually issued on the first day of January of any particular
year, during the last five days of the immediately preceding
year. The purpose of this Act is to give a period of ten days, at
the close of any year, for the exchange of licenses, registration
certificates and tags, in reference to motor vehicles, as now re-quired
by law.
Section 2. The Secretary of State is hereby authorized, di-rected
and required to have all licenses, registration certificates
and tags, in reference to motor vehicles, as provided for in this
Chapter, ready for delivery at any time during the last live days
of the year immediately preceding the year for which they are
intended, in order that the provisions of Section 1 of this Act
may be fully complied with.
Approved March 14, A. D. 1919.
LAWS OF DELAWARE'.
DEADLY WEAPONS.
CHAPTER 28.
STATE REVENUE.
DEADLY WEAPONS.
AN ACT to amend Chapter 6 of the Revised Code of the State of Delaware
in relation to the sale of deadly weapons.
He it enacted by the Senate and House of Representatives W.
ihe Slate of Delaware in General Assembly met:
Section 1. That Chapter G of the Revised Code of the State
1),elaware be and the same is hereby amended by repealing
259, Section 222, and inserting in lieu thereof the following, to
be known as 259, Section 222.
259, Section 222. It shall be unlawful for any person or per-sons,
or a member of any firm, or the agents or officers of any
corporation to sell to a minor or any intoxicated person, any
revolver, pistol, or revolver or pistol cartridges, stiletto, steel or
brass knuckles, or other deadly weapons made for the defense of
i)t)e's person.
It shall be the duty of any person or persons, firm, company
or cmporation desiring to engage in the business aforesaid, to
Lcep and maintain in his place of illimillPSS at all times a book
which shall be furnished him by the Clerk of the Peace of the
county wherein he does business, in which said book he shall
enter the date of the sale, the name and address of the person
purchasing any such deadly weapon, the number and kind of
deadly weapon so purchased, the color of the person_ so purchas-ing
the same, and the apparent age of the purchaser,_ and the
names and addresses of at least two freeholders resident in the
County wherein the sale is made, who shall positively identify
tLie purchaser before the sale can be made; Provided, that no
55
56 LAWS OF DELAWARE.
DEADLY WEAPONS.
clerk, employee or other person associated with the seller shall
act as one of the identifying freeholders. This book shall at all
times be open for inspection by any Judge, Justice of the Peace,
Police Officer, Constable, or other Peace Officer of this State.
Approved April 10, A. D. 1919.
LAWS OF DELAWARE.
COLLECTOR OF STATE REVENUE.
CHAPTER 29.
STATE REVENUE.'
COLLECTOR OF STATE REVENUE.
AN ACT to amend Chapter 6, of the Revised Code of the State of Delaware
by providing for an increase in the amount of the salary and of the con-tingent
fund for the use of the Collector of State Revenue.
_Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
Section 1. That Chapter 6 of the Revised Code of the State
of Delaware, be and the same is 'hereby amended by striking out
all of 275 Section 238 and 275A Section 238A, and insert in lieu
thereof, to be known as 275 Section 238, the following:
275 Sec. 238. The office of Collector of State Revenue is
hereby created ; the term of each incumbent of said office shall
be four years; the Governor i$ empowered, authorized and di-
4rected to appoint such officer and to fill all vacancies occurring
in said office; such appointments shall be for the full term. It
shall be the duty of every such Collector, from time to time, to
investigate all statements made under oath or affirmation and
filed in the office of any Clerk of the Peace, or in the offices of
the Secretary of State and Insurance Commissioner, by any per-son,
for the purpose of said officers ascertaining and collecting
from every such person or any other person, firm or corpora-tion,
any revenue due the State, whenever he is requested so to
do by any such Clerk of the Peace or his deputy, or by the Secre-tary
of State or Insurance Commissioner ; and it shall be the
duty of the said Collector of State Revenue on his own motion,
when it shall appear necessary, to investigate any such state-ment
so filed in the office of the Clerk of the Peace as aforesaid.
'Upon every investigation by said officer of the statements filed
Si.
1
58 LA ws OF DELAWARE.
COLLECTOR OF STATE REVENUE.
in the office of the Clerk of the Peace mentioned in this section,
he shall report the results thereof in writing to the Attorney-
General, whose duty it shall be to immediately take proper steps
for the punishment of every person making such false state-ments.
Upon every investigation by said officer of the ,state-ments
filed in the offices of the Secretary of State or Insurance
Commissioner, mentioned in that Section, lie shall report the
result thereof in writing to the Secretary of State or Insurance
Commissioner, according to which of said officials requested the
investigation; and it shall-be the duty of such official to immedi-ately
take proper steps for the punishment of every person mak-ing
such false statements.
The Clerks of the Peace of the several counties shall have
printed a sufficient number of copies* of the provisions of law
applicable to the payment of Slate Revenue to them, by persons,
firms, or corporations, and based upon the sworn statement of
any person, and shall deliver the same, whenever reifuested by
him to the Collector of State Revenue, who shall cause the same
to be delivered to the persons making such statements, if
possible.
The Clerks of the Peace of the several Counties shall, at the
expiration of thirty days after the period when the fee for any
license shall become due mid payable, make an affidavit of all
such unpaid fees, which affidavit shall be turned over to the Col-lector
of State Revenue, to be used by the said Collector of State
Revenue for the proper investigation of all such persons or cor-porations
that may be shown therein to be delinquent.
The salary of the Collector of State Revenue shall be one
thousand eight hundred dollars per year, payable monthly on
the first day of each month, in equal installments of one hun-dred
and fifty dollars; a contingent fund for the use of the Col-lector
of State Revenue is created and fixed at the sum of six
hundred dollars per annum, which shall be paid out of the State
Treasury in the manner now provided by law for the paying
out of the State Treasury of other contingent funds.
If any person shall make any false statement in any affidavit
mentioned and described in this section, he or she shall be
LAWS OF DIMAWARE. 59
COLLECTOR OF STATE REVENUE.
guilty of a misdemeanor, and upon conviction thereof shall be
lined not more than one thousand dollars or imprisoned for not
more than three years or both in the discretion of the Court.
The said Collector of State Revenue shall perform such other
dillies in relation to the State Revenue paid to the Clerks of the
Peace, Secretary of State and Insurance Commissioner, as he
shall be directed to do by said respective officers.
The Governor is authorized to appoint the Collector of State
Revenue a special constable whose powers shall be the same as
!hose possessed by County Constables.
It shall be the duty of the said Attorney General to give coun-sel
am] advice to said Collector relative to any of the duties
imposed upon him by law.
Approved Mardi 31, A. D. 1919.
(b) In case of a single person, a personal exemption of one
thousand dollars ($1,000), or in ease of the head of a family
60 LA WS OF DELAWARE.
INCOME TAX.
CHAPTER 30.
STATE It E V EN U E.
INCOME TAX.
AN ACT to amend Chapter 26, Volume 29 of Laws of Delaware entitled
"An Act to amend Chapter 6 of the Revised Code of the State of Dela-ware
by providing for an income tax."
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
Section 1. That Section 281-C, being Section 217 of Chap-ter
6 of the Revised Code of Delaware be and the same hereby
is on the first day of January, A. D. 1920 repealed and the fol-lowing
substitutixl in lieu thereof, to take effect on said date:
281-C. Section 247. The following income shall be exempt
from income tax:
(a), The proceeds of life insurance policies paid to individual
beneficiaries upon the death of the insured; the amount received
by the insured, as a return of premium or premiums paid by
him under life insurance, endowment, or annuity contracts,
either during the term or at the maturity of the term mentioned
in the contract or upon the surrender of the contract.; the value
of property acquired by gift, bequest, devise or descent ; interest
upon the obligations of a State or any political sub-division
thereof or upon the obligations of the United States or its pos-sessions;
the compensation of public officers of this State for
the terms to which they were elected or appointed prior to
April 2, 1917.
LAWS Op DELAWARE. 61
INCOME TAX.
or a tharried person living with husband or wife, a personal
exemption of two thousand dollars. ($2,000), provided, how-ever,
that husband and wife living together shall receive but
one personal exemption of two thousand dollars ($2,000)
against their aggregate net income; and in case they make sepa-rate
returns the personal exemption of two thousand dollars
($2,000) may be taken by either or divided between them.
(c) Two hundred aoIlars of said net income for each person
(other than husband or wife) dependent upon and receiving his
chief support from the taxpayer, if such dependent person is
under eighteen years of age or is incapable of self-support be-cause
flICiitallV or physically defective.
Section 2. That Section 281D being Section 248 of Chapter
6 of the Revised Code of Delaware, be and the same hereby is
on the first day of January A. D. 1920 repealed and the follow-ing
substituted in lieu thereof :
281-D. Section 248. In computing net income the following
deductions shall be allowed.
First. The necessary expenses actually paid by the taxable
in carrying on any business or trade, not including personal,
living, or family expenses.
Second. All interest paid by the taxable within the year on
his indebtedness.
Third. Taxes paid by the taxable within the year imposed by
I he authority of the United States (except income taxes), or its
territories, or possessions, or any foreign country, or under the
authority of any State, county, school district, municipality or
other taxing sub-division of any State.
Fourth. Losses actually sustained by the taxable during the
year, incurred in his business or trade, or other dealings, or
arising from fires, storms, shipwreck, or other casualty, and
foul theft, when such losses are not compensated for by insur-ance
or otherwise.
62 LAWS or DELAWARE.
/NCOMP, TAX.
Fifth. Debts due to the taxable actually aseertained to he
worthless and charged off within the year.
Sixth. A reasonable allowance for the exhaustion, wear and
tear of property arising out of its use or employment in the
business or trade of the taxable.
Section 3. That Section 2814, being Section 253 of Chapter
6 of the Revised Code of Delaware be and the same is hereby
repealed and the following substituted in lieu thereof :
2814. Section 253. Upon request of the State Treasurer the
Governor shall be and he hereby is authorized to-appoint two
officers who shall be known as special collectors of State Reve-nue,
each of 'whom shall hold office at the will of the State
Treasurer and shall receive a salary of fourteen hundred dol-lars
($1400) per year, payable monthly on the first day of
each month, in equal installments, and for whose use a contin-gent
fund is hereby created and fixed at the sum of six hundred
dollars ($600) per annum, for each of said special collectors of
State Revenue, which shall be paid out of the State Treasury,
in the manner now provided by law for the paying out of the
State Treasury of other contingent funds. It shall be the duty
of the said Special Collectors of State Revenue acting under the
direction of the State Treasurer, to do all such things as are
prescribed and directed to be done under 281-11, Section 252
hereof by the Collector of State Revenue. They shall have the
same powers in all matters relating to the income tax as are
hereinabove given to the said Collector of State Revenue and
all taxables refusing to permit an inspection by them or either
or them of any such books, documents, entries or papers as are
referred ho in 28141, Section 252 hereof shall In) subject to the
same penalties as are therein prescribed.
The said Special Collectors of State Revenue are hereby con-stituted
special constables and as such they shall have and pos-sess
all the powers that are possessed by county constables
under the laws of this State.
'he said Special Collectors are each hereby clothed with full
power and authority to take any affidavit required under this
Lsws OF DELAWARE. - 63
INCOME TAX.
Act; and the State Treasurer is hereby required to have one of
the said Collectors at some convenient place in the City of 'Wil-mington,
each year, from the first day of January until the
first day of March inclusive, with full power and authority to
take such affidavits as shall be required under this Act and
without expense to the taxables.
Section 4. That Section 281-K, being section 255 ok Chap-ter
6 of the Revised Code of Delaware be and the same is hereby
repealed and the following substituted in lieu thereof.
281-IC. Section 255. Any taxable who shall make a false
return under this Article of the Code shall be deemed guilty of
perjury and upon conviction thereof shall be punished in the
manner prescribed for that offense by the laws of this State.
Any taxable who shall refuse or wilfully neglect to make a
return as required by 281-E, Section 249 hereof, or who shall
refuse or wilfully neglect to pay the tax as required by 281-P,
Section 250 hereof shall be deemed guilty of a misdemeanor
and upon conviction thereof shall be punished by a fine not
exceeding five hundred dollars ($500) or by imprisonment not
exceeding six months, or both, in the discretion of the Court;
provided however, that in any case of refusal or wilful neglect
by a taxable to make a return or pay the tax as aforesaid, the
State Treasurer shall be and he hereby is authorized and em-powered
with the approval of the Attorney General at any time
before trial to compromise the charge of such refusal or wilful
neglect by permitting the -taxable to make a return or to pay
such tax as shall be then assessed, together with a specific pen-alty
hi lieu of prosecution, of not less than the sum of five dol-lars
($5.00) and any costs that may have been incurred.
Section 5. That the clause containing the words "and also
rentals of real estate and gains or profits derived from agricul-tural
operations," in lines thirty and thirty-one of 281-A, Sec-tion
245 of Chapter 6 of the Revised Code of Delaware, be and
the same is hereby repealed from and after the first day of
January, A. D. 1920.
Approved April 2, A. D. 1919.
64 LAWS OF DELAWARE.
INCOME TAX.
CHAPTER 31.
STATE REVENUE.
INCOME TAX.
AN ACT to amend Chapter 6 of the Revised Code of the State of Delaware
as amended by Chapter 26, of Volume 29, of the Laws of Delaware, by
increasing the salary of the Income tax clerk.
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
Section 1. That Chapter 6, of the Revised Code of the State
of Delaware, as amended by 281-0. See. 251 of Chapter 26, of
Volume 29, of the Laws of Delaware, be and the same is hereby
further amended by repealing all of said 281-0, See. 251 of
Chapter 26, Volume 29 of the Laws of Delaware, and inserting
in lieu thereof the following to be known as "281 G. Sec. 251."
281 G. Sec. 251. The State Treasurer shall be, and he hereby
is, authorized to appoint a special clerk to be known as the
Income Tax Clerk, whose duty it shall be, under the direction
of the State Treasurer, to perform all the duties that Shall
devolve upon the State Treasurer by reason of this Article of
the Code, and, under the direction of the State Treasurer, he
shall perform all the work, labor and services that shall be nec-essary
to the effective execution of the provisions of this Article.
The said Income Tax Clerk shall hold office at the will of the
State Treasurer, and shall repeive as salary the sum of eighteen
hundred dollars per year, payable monthly on the first day of
each month in equal installments of one hundred and fifty dol-lars
each.
Approved April 2, A. D. 1919.
LAWS OF DELAWARE. 65
INCOME TAX.
CHAPTER 32.
STATE REVENUE.
INCOME TAX.
AN ACT to amend Chapter 6 of the Revised Code of the State of Delaware
by providing that the Income tax clerk shall give bond.
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
Section 1. That Chapter 6 of the Revised Code of the State
of Delaware be and the same is hereby amended by adding
thereto under Article 31, the following new Section to be known
as 281 T, See. 264:
281 T. Sec. 264. The Income Tax Clerk shall become bound
to the State Treasurer for the faithful discharge of his duties,
with surety to be approved by the State Treasurer in the sum
of fifty thousand dollars and the expense of said bond shall be
paid out of the State Treasury. The form and condition of said
bond shall be determined by the State Treasurer.
Approved February 6, A. D. 1919.
66 LAWS or DELAWARE.
APPROPRIATIONS.
CHAPTER 33.
STATE REVENUE.
APPROPRIATIONS.
AN ACT making appropriations for the expenses of the State government,
other than legislative expenses, for the fiscal year ending on Monday
Immediately preceding the second Tuesday In January, in the year of
our Lord one thousand nine hundred and twenty, and authorizing the
borrowing of money to supply casual deficiencies of revenue for said
fiscal year, and the Issuance of notes or certificates of indebtedness to
secure the payment thereof.
Be it enacted by the Senate and House of Rexesentativcs of
the State of Delaware in General Assembly met:
Section 1. That the several amounts named in this Act, or so
much thereof as may be necessary, are hereby appropriated and
authorized to be paid out of the treasury of this State to the
respective public officers of the respective departments and divi-sions
of Government, and for the several purposes hereinafter
specified, for the current fiscal year ending on Monday imme-diately
preceding the second Tuesday of January in the year
of our Lord one thousand nine hundred and twenty; provided,
however, that all parts or portions of the several sums appro-priated
by this Act which, on said Monday immediately pre-ceding
said second Tuesday of January, A. I). One thousand
nine hundred and twenty, shall not have been paid out of the
treasury, shall be turned to the general fund of the treasury.
The said several sums hereby appropriated are as follows, viz:
EXECUTIVE DEPARTMENT.
Governor.
For the Governor for salary $4,000.00
For the contingent expenses of the Governor's office 3,500.00
LAws or DELAWARE. 61
APPROPRIATIONS.
-Licutenant'Governor.
For the Lieutenant Governor for salary as member
of the Board of Pardons 100.00
Department of llw Secretary of State.
For the Secretary of State for salary 4,000.00
For Secretary of State compiling and preparing
Laws for Publication 1,000.00
For the salary of Stenographer and Typewriter for
the Governor and Secretary of State 1,200.00
For the salary of Clerks of the Secretary of State 3,000.00
For the contingent expenses of the office of the Sec-retary
of State 9,000.00
For the official bond of the Secretary of State 50.00
Treasury Department.
For the salary of the State Treasurer 3,500.00
For the salary of the Deputy State Treasurer 1,675.00
For the contingent expenses of the office of State
Treasurer 1,200.00
For the official bond of the State Treasurer and Dep-uty
for two years 1,425.00
For the State Treasurer, Contingent Fund on In-come
Tax Law 3,000.00
For official bond of Income Tax Clerk 285.00
For Income Tax Clerk 1,725.00
Auditor of Accounts.
For the salary of the Auditor of Accounts 2,000.00
For the salary of Deputy Auditor of Accounts 1,650.00
For the contingent expenses of the office of Auditor
of Accounts 700.00
68 Laws OF DELAWARE.
APPROPRIATIONS.
Department of Insurance and Banking.
For the salary of the Insurance Commissioner
For the salary of Clerk
For the contingent expenses of the Department of
Insurance and Banking
State Library.
For the salary of State Librarian
For the contingent expenses of the office of State
Librarian
For the purchase of new books
State Library Commission.
For the salary of State Revenue Collector
For the contingent expenses of the State Revenue
Collector
3,500.00
1,000.00
1,500.00
1,500.00
850.00
500.00
For the appropriation for regular expenses 5,000.00
For contingent expenses. 200.00
Game and Fish Commissioner.
For the salary of Chief Game and Fish Warden 600.00
For enforcing Uniform Fish Law 200.00
For propagation of Fish and Game 600.00
Oyster Revenue Collector.
For the salary of Oyster Revenue Collector 917.00
For the salary of officers and CreW of watch boat for
the protection of oysters 2,490.00
For the contingent expenses of the office of Oyster
Revenue Collector 100.00
State Revenue Collector.
1,650.00
600.00
LAWS OF DELAWAhE.
APPROPRIATIONS.
Special Collector of State Revenue.
For salary of State Revenue Collector 1,200.00
For contingent fund special Collectors 600.00
Registers of WillsSalaries. 800.00
State's PropertyInsurance and Care Of.
For the salary of Janitor of the State House 500.00
For the salary of Assistant Janitor of the State
House 400.00
For the salary of one night Janitor of the State
House 500.00
For heat, light and repairs for State House 6,000.00
For water rent for State House and Armory 112.50
For insurance on all of the State Property for the
year 1919 8,000.00
Labor Commission of Delaware.
For the contingent expenses of the Labor Commis-sion
of Delaware 3,000.00
For the salary of Child Labor Inspector 1,800.00
For the salary of the Ten-Hour Law Inspector 1,000.00
Cannery Inspector.
For the salary of Cannery Inspector 1,000.00
For the contingent expenses of the Cannery Inspec-tor
500.00
For the expenses of Supervisors of Institutions 100.00
Automobile 1118peelOPS.
For the salaries of Automobile Inspectors .. .900.00
Board of State Supplies.
For the printing fund 32,000.00
For the contingent expenses of the Board of State
Supplies 500.00
For Industrial Accident Board 15,000.00
APPROPRIATIONS.
DEPARTMENT OP JUSTICE.
Chancellor.
For the salary of the Chancellor
For the Chancellor for reporting
For the salary of Stenographer to the Chancellor
For the contingent expenses of the Court of Chan-cery
Chief Justice.
For the salary of the Chief Justice 7,060.00
Associate Judges.
For salaries of the Associate Judges 27,067.00
Associate Judge Resident in Kent County.
For the Associate Judge Resident in Kent County
for reporting 200.00
Court Stenographer.
For the salary of the Court Stenographer 2,000.00
For transcripts of Supreme Court and Assistant
Stenographers 2,500.00
Judicial Reports.
For William H. Boyce, for one hundred copies of
Boyce's Delaware Reports, Volume 7 1,000.00
For Charles M. Curtis for 100 copies of his reports 800.00
For John R. Nicholson, Chancery Reports Vol. 8 A ,
for 100 copies 800.00
For John R. Nicholson, Chancery Reports, Vol. 8 B ,
for 100 copies 800.00
7,060.00
200.00
1,800.00
400.00
70 LAWS OF DELAWARE.
LAws OF DELAWARE. 71
APPROPRIATIONS.
Attorney General.
For the salary of the Attorney General 2,500.00
For the salary of the Deputy Attorney General for
New Castle County 1,500.00
For the salary of the Deputy Attorney General for
Kent County. 1,000.00
For the salary of the Deputy Attorney General for
Sussex County 1,000.00
For the contingent expenses for the Attorney Gen-eral
7,500.00
For salary for Chief Deputy Attorney General 1,125.00
For Aalaries for four State Detectives 5,625.00
For the actual expenses in serving requisition papers 1,000.06
EDUCATION.
Commissioner of Education.
For the salary of the Commissioner of Education
For the contingent expenses of the Commissioner of
Education
County School Superintendents.
For the, salaries of Three County School Superin-tendents
1,600.00
For the contingent expenses of three County School
Superintendents 1,200.00
For the annual appropriation to the School Fund
from Income Tax Law 250,000.00
For the interest on bonds of the School Fund 10,727.10
State Board of Education.
For the State Treasurer for the payment of expenses
of the State Board of Education 1,500.00
For the purpose of putting into effect the School
Code 125,000.00
For the Americanization of Foreign born Residents 15,000.00
Commission to survey Public Schools 1,250.00
1,000.00
200.00
LAWS Or DELAWARE.
APPROPRIATIONS.
Delaware College.
For the interest on certificates of indebtedness to
Delaware College. 4,980.00
For the Trustees of Delaware College (United
States Government appropriation) 40,000.00
For the Trustees of Delaware College ( for Division
of Agricultural Co-operation Extension, Smith-
Lever Act) 5,544.51
For the Trustees of Delaware College (Chair of His-tory)
2,500.00
For the Trustees of Delaware College for the main-tenance
of the Summer School for Teachers 4,000.00
For the Trustees of Delaware College for the mainte-nance
of said College 30,000.00
For the Trustees of Delaware College for the mainte-nance
of the Women's Affiliated College 30,000.00
For Delaware College for teaching agriculture 5,000.00
For Delaware College for Experimental Farm 5,000.00
For Delaware College, Special Appropriation, ex-traordinary
war expenditure 26,912.61
For Women53 Affiliated College, special sidewalk
appropriation 5,000.00
State College for Colored Student.
For the Trustees of the State College for Colored
Students (United States Government appropria-tion)
10,000.00
For the Trustees of the State School for Colored
Students, for the improvement of buildings and
grounds 8,000.00
For the Trustees of the State College for Colored
Students for the holding of Summer Schools 500.00
For Board for Colored Teachers at Summer School 500.00
For Purchase of Farm of Colored College 18,000.00
Schools.
For the State Treasurer to carry out the provisions
of Section 2312, Revised Code, relating to free
graded schools 22,000.00
LAWS OF DELAWARE.
APPROPRIATIONS.
For Ferris Industrial School .for operation and
maintenance 7,500.00
For Ferris Industrial School for teaching 1,200.00
For Delaware Industrial School for Girls 4,000.00
For Delaware Industrial School for Girls, on in-debtedness
8,000.00
For Delaware Industrial School for Girls for im-provement
of buildings 10,000.00
For Marydel School District 188.00
For the special improvement of colored schools as
provided by law 3,000.00
For the encouragement of Consolidation of County
Schools 10,000.00
For Relief of Consolidated School No. 1, Caesar
Rodney 376.00
For erection of school building in Town of Smyrna
for colored children, special 1,000.00
School Commissions.
For the State Treasurer for the payment of the ex-penses
of the County Commissions
For the Sussex Comity School Commission
Libraries.
For the Chairman of the Committee on Traveling
Libraries of the State Federation of Women's
Libraries
For Free Libraries in School District
73
1,000.00
400.00
Charities and Eleemosynary Ingitutions.
For the board and tuition of indigent deaf, dumb,
blind and idiotic children 15,000.00
For Delaware State Ilospital for over-draft 19,208.96
For Delaware State Hospital at Farnhurst, general
maintenance 110,265.00
For Delaware State Hospital at Farnhurst, repair
fund 5,000.00
100.00
600.00
.74 LAWS OF DELAWARE.
APPROPRIATIONS.
For Delaware State Hospital at Farnhurst (amuse-ment
fund) . 900.00
For Delaware State Hospital at Farnhurst, for laun-dry
and also coal wall 4,450.00
For Delaware State Hospital at Farnhurst, drain-age
tank sewers 5,000.00
For St. Michael's Day Nursery and Hospital for
Babies 2,000.00
For the Society for the Prevention of Cruelty to
Children 900.00
For the Delaware Commission for the Blind 10,000.00
For the Delaware Commission for the Blind (for ap-prentices)
1,000.00
For the burial of indigent soldiers, sailors and
marines 700.00
For the proper observance of Memorial Day 1,000.00
For the Old Folks Home at Dover 2,500.00
For the Soldiers' Rest Room at Delaware City 200.00
For Home for Feeble-minded 10,000.00
For the Mothers' Pension Fund 18,000.00
For State Board of Charitieg t 5,000.00
For County Treasurer of New Castle County for
moneys paid on account of Mothers' Pension 1,188.00
For Milford Emergency Hospital 15,000.00
For Layton Home for Aged Colored People 1,000.00
Historical Records.-
For the expens'es of the Public Archives Commission
For printing 3rd Volume of Revolutionary War
Records
For Historical Society of Delaware
For Purchase of State Papers
Public Highways.'
For the improvement of the public highways in New
Castle County
For the improvement of the public highways in Kent
County
2,000.00
3,000.00
300.00
500.00
10,000.00
10,000.00
LAWS OF DELAWARE. 75
APPROPRIATIONS.
For the improvement of the public highways in Sus-sex
County 10,000.00
For the salary of the State Highway Commissioner
of New Castle County 1,000.00
Public Health.
For the expenses of the State Board of Health 6,000.00
For the expenses of the Bureau of Vital Statistics 2,000.00
For the Pathological and Bacteriological Labora-tory
10,000.00
For the purchase and distribution of diphtheria anti-toxin
' 500.00
For the State Tuberculosis Commission to defray
the expenses of the said Commission 20,000.00
For the State Tuberculosis Commission to provide
for the care of colored consumptives 10,000.00
For the Medical Council of Delaware 300.00
For the State Board of Pharmacy 250.00
For the State Tuberculosis Commission for addi-tional
hospital building (colored) 3,500 60
For reporting diseases dangerous to public health 2,500.00
Agriculture.
For the State Board of Agriculture for the payment
of the expenses of said Board 5,000.00
For State Chemist 5,000.00
For the State Live Stock Sanitary Board 5,000.00
For the State Board of Immigration 1,000.00
For the State Board of Agriculture for the encour-aging
of the breeding of poultry 300.00 111
For the Peninsula Horticultural Society 1,000.00
For the Farmers' Institutes and to defray the inci-dental
expenses of holding such institutes 600.00 .1
For the Delaware Corn Growers' Association._ 500.00
For Sussex County Experimental Work t 5,000.00
76 laws OF DEtaw A ItN.
A PPROPRIA TIONS.
Public Defense.
For the salary of Adjutant General 1,200.00
For the salary of the Clerk to the Adjutant General 600.00
For the National Guard of Delaware for the ex-penses
of providing uniforms and equipment 2,500.00
For the National Guard of Delaware for the mainte-nance
thereof 5,000.00
For the National Guard of Delaware for the ex-penses
of field practice 8,000.00
Interest on Bonded in
For the interest on the issue of 1907, Farmers'
Bank, Dover
For the interest on the issue of 1907, Farmers'
Bank, Wilmington .
For the interest on the issue of 1907, Farmers'
Bank, Wilmington.
For the interest on the issue of 1909, Farmers'
Bank, Wilmington.
For the interest on the issue of 1897, Philadelphia
National Bank
For interest on certificate of indebtedness (sinking
fund )
For Fartiburst, Interest on Bonds
For Wmnen's Affiliated College, Interest. on Bonds
9,200.00
1,600.00
800.00
400.00
7,350.00
800.00
2,200.00
4,800.00
Armories.
For Milford Armory 1,200.00
Miscellaneous.
For the portrait commission payment of portraits
of prominent Delawareans for the State Muse 500.00
For the portraits of the Governors of Delaware 350.00
Mir the ctimpensation of Assessor 800.00
For the Delaware State Fair 15,000.00
Lxws OP DELAWARE. 77
APPROPRIATIONS.
For the Governor's Conference 350.00
For the Robbins Hose Company, Dover 250.00
Aetna Hose, Hook and Ladder Company, Newark . 250.00
For the redemption of State Bonds 35,000.00
Appropriation" to meet the, provision of the Smith-
Hughes Vocational Bill 23,000.00
Premiums on Bonds for Officers to be paid by State 300.00
For opening Indian River Inlet 5,000.00
For Reconstruction Commission 25,000.00
Commission for Decorating State House 5,000.00
Public Buildings.
For erection of Memorial Building, as per House
Bill No. 244 25,000.00
Section 2. If the estimated revenues of the State of Dela-ware
shall prove to be insufficient for the payment of the sev-eral
appropriations provided for herein, to provide for casual
deficiencies of revenue for said fiscal year, and, in order that
the appropriations hereinabove enumerated may be promptly
paid, the State Treasurer is hereby authorized to issue notes or
certificates of indebtedness of the State of Delaware to such an
amount as he shall, by and with the consent of the Governor
and the Secretary of State, deem necessary to meet and to pay
any of said appropriations, or any part of any of said appro-priations,
as to which the revenues of the State of Delaware
for the fiscal year aforesaid may prove to be insufficient, not,
however, to exceed the sum of one hundred thousand dollars.
The said notes or certificates of indebtedness shall be in such
denominations, and have such form as the Governor, the Sec-retary
of State, and the State Treasurer may determine, and
shall be payable at any period not exceeding one year from the
date of the issuance thereof out of any moneys in the treasury
of the State not otherwise appropriated. The said notes or cer-tificates
of indebtedness shall be numbered consecutively, and
shall be dated the fifteenth day of November, 1919. The prin-cipal
of said notes or certificates of indebtedness shall be pay-able
at the Farmers' Bank, at Dover, on the date of their matur-ity
upon presentation thereat and surrender thereof.
178 LAWS Op DELIWARR.
APPROPRIATIONS.
The said notes or certificates of indebtedness shall be signed
by the Governor, the Secretary of State, and the State Treas-urer,
for and on behalf of the State, and shall have the great
seal of the State of Delaware impressed thereon or affixed
thereto.
Section 3. The Governor, the State Treasurer and the Sec-retary
of State shall constitute a Commission to negotiate and
arrange for the sale or disposition of said notes or certificates
of indebtedness.
Section 4. That all moneys received by the State Treasurer
from the sale of the said notes or certificates of indebtedness
by this Act authorized to be issued, shall be and they are hereby
specially pledged and appropriated to and for the payment of
the several appropriations, or any part or portion thereof here-inabove
enumerated and set forth, as to which the revenues of
the State for the said fiscal year may prove to be insufficient;
provided, however, if, for the payment of said appropriations
it shall be necessary to sell said.notes or certificates of indebted-ness,
or any of them, and there shall remain a balance in the
hands of the State Treasurer derived from said sale of said
notes or certificates of indebtedness, after the said appropria-tions
shall have been paid, then such balance is hereby appro-priated
and the State Treasurer is hereby authorized and di-rected
to pay such balance into the sinking fund of the State
of Delaware.
Section 5. That the public faith of the State of Delaware is
hereby pledged for the full and complete payment of the prin-cipal
and interest of the notes or certificates of indebtedness
authorized by this Act, and said notes or certificates of indebt-edness
shall be, and the same are exempted from taxation for
any purposes by this State.
Section G. That all expenses incident to the advertising,
preparation, the issuing and delivering of said notes or certifi-cates
of indebtedness shall be allowed to the said State Treas-urer,
and shall be paid by him out of any money in the treasury
LAWS OF DELAWARE. 79
A rrnoiqu ATION S.
of the State not otherwise appropriated upon the production
and exhibition by the said State Treasurer of the necessary
vouchers thereof as by law required with reference to other dis-bursements
of the public fund.
Approved March 31, A. D. 1919.
ExEcuT1VE DEPARTMENT.
Governor.
For the Governor for salary
For the contingent expenses of the Governor's office
$4,000.00
3,500.00
80 LAWS OF DELAWARE.
APPROPRIATIONS.
CltArrEn 34.
STATE REVENUE.
AFPROrRIATIONS.
AN ACT making appropriations for the expenses of the State government,
other than legislative expenses, for the fiscal year ending on Monday
Immediately preceding the second Tuesday in January, in the year of
our Lord one thousand nine hundred and twenty-one, and authorizing the
borrowing of money to supply casual deficiencies of revenue for said
fiscal year, and the issuance of notes or certificates of indebtedness to
secure the payment thereof.
Be it enacted by the Senate and 11o1180 of 1epre8entatives of
the Slate of Delaware in, Gencra! As8entbly .met:
Section 1. That the several amounts named in this Act, or
so much thereof as may be necessary, are hereby appropriated.
and authorized to be paid out of the treasury of this State to
the respective public officers of the respective departments and
divisions of Government, and for the several purposes herein-after
specified, for the current fiscal year ending on Monday ha-mediately
preceding the second Tuesday of January in the year
of our Lord one thousand nine hundred and twenty-one; pro-vided,
however, that all parts or portions of the several sums
appropriated by this Act which, on said Monday immediately
preceding said second Tuesday of January, A. D. one thousand
nine hundred and twenty-one, shall not have been paid out of
the treasury, shall be returned to the general fund of the treas-ury.
The said several stuns hereby appropriated are as follows,
viz:
LAWS OF DELA WARE.Ml
APPROPRIATIONS.
Lieutenant Governor.
For the Lieutenant Governor for salary as member
of Board of Pardons 100.00
Department of the Secretary of Slate.
For the Secretary of State for Salary
For the salary of Stenographer and Typewriter for
the Governor and Secretary of State
For the salary of Clerks of the Secretary of State
For the contingent expenses of the office of the Sec-retary
of State
For the official bond of the Secretary of State
Treasury Department.
For the salary of the State Treasurer 3,500.00
For the salary of the Deputy State Treasurer 1,800.00
For the contingent expenses of the office of State
Treasurer 1,200.00
For the State Treasurer, Contingent Fund on In-come
-Tax Law 3,000.00
For the salary of the Income Tax Clerk 1,800.00
Auditor of Accounts.
For the salary of the Auditor of Accounts
For the salary of Deputy Auditor of Account
For the contingent expenses of the office of Auditor
of Accounts.
Departmeat of Insurance and Banking.
For the salary of the Insurance Commissioner
For the salary of Clerk
For the contingent xpenses of the Department of
Insurance and Banking
ti!
2,000.00
1,800.00
fl
700.00
9,000.00
1,200.00
3,000.00
9,000.00
50.00
3,500.00
1,000.00
1,500.00
82
APPROPRIATIONS.
State Library.
For the salary of State Librarian
For the contingent expenses of the office of State
Librarian
For the purchase of new books
State Library Commission:
For the salary of Chief Game and Fish Warden
For enforcing Uniform Fish Law
For propagation of Fish and Game
Oyster Revenue Collector.
LA WS OP DELA IVA RE.
1,500.00
850.00
500.00
For the appropriation for regular expenses 5,000.00
For contingent expenses 200.00
Game and Fish Commissioner.
600.00
200.00
600.00
For the salary of Oyster Revenue Collector 960.00
For the salary of officers and crew of Watch Boat
for the protection of oysters 2,520.00
For the contingent expenses of the office of Oyster
Revenue Collector 100.00
State Revenue Collector..
For the salary of State Revenue Collector 1,800.00
For the contingent expenses of the State Revenue
Collector 600.00
Special Collectors of State Revenue.
For salaries of Special Collectors of State Revenue. 2,800.00
For contingent expenses special collectors of State
Revenue 1,200.00
LAWS OP DELAWARE. S 83
APPROPRIATIONS.
Register of Wills.
For salaries. 800.00
State's PropertyInsurance and Care of.
For the salary of janitor of the State House
Por the salary of Assistant Janitor of State House
For the salary of one-night Janitor of State House
For heat, light and repairs for State House
For water rent for State House and Armory
For insurance on all of the State property for the
year, 1920
Labor Com missio» of Delaware.
For the contingent expenses of the Labor Commis-sion
of Delaware
For the salary of Child Labor Inspector
For the salary of the Ten-Hour Law Inspector
Cannery Inspector.
For the salary of Cannery Inspector
For the contingent expenses of 011111NT Inspector
For the expenses of Supervisors of Institutions
Automobile Inspectors.
For the printing fund
For the contingent expenses of the Board of State
Supplies
500.00
409.00
500.00
6,000.00
112.50
8,000.00
3,000.00
1,800.00
1,000.00
1,000.00
500.00
100.00
For salaries of Automobile Inspectors 900.00
Board of Stale Supplies.
32,000.00
500.00
84 14:\ WS OP 1.)ELA WARE.
APPROPRIATIONS.
DEPARTMENT OP JUSTICE.
Chancellor.
For the salary of Chancellor 7,500.00
For the Chancellor for reporting 200.00
For the salary of Stenographer to the Chancellor 2,000.00
For the contingent expenses of the Court of
Chancery 400.00
Chief Justice.
For the salary of the Chief Justice 7,500.00
Associate Judges.
For the salaries of the Associate Judges 28,800.00
Associate Judge Resident in Kent.Counly.
For the Associate Judge Resident in Kent County
for reporting 200.00
Court Stenographer.
For the salary of the Court Stenographer
For transcripts of Supreme Court and Assistant
Stenographers
A ltorneg (know/.
For the salary of the Attorney General
For the salary of the Deputy Attorney General for
New Castle County
Judicial Reports.
For preparing a digest of reported decisions 5,000.00
For Wm. H. Royce, for one hundred copies of
Boyee's Delaware Reports, Volume 8 ,1,000.00
For Charles M. Curtis, for one hundred copies of
his Reports 800.00
2,500.00
1,500.00
2,000.00
2,500.00
LAWS or DELAWARE. 85
APPROPRIATIONS.
For the salary of Deputy Attorney General for Kent
County 1,000.00
For the salary of Deputy Attorney General for Sus-sex
Count.), 1,000.00
For the contingent expenses for Attorney General 7,500.00
For salary of Chief Deputy Attorney General 1,500.00
For salaries of four State Detectives 6,300.00*
For the actual expenses in serving requisition papers 1,000.00
EDUCATION.
For the annual appropriation to the School Fund
from Income Tax. 250,000.00
For the interest on bonds of the School Fund 10,727.10
For the purpose of putting into effect the School
Code 125,000.00
For the Americanization of Foreign Born Residents 15,000.00
Delaware College.
For the interest on certificate of indebtedness to
Delaware College 4,980.00
For the Trustees of Delaware College ( United States
Government appropriation). 40,000.00
For the Trustees of Delaware College, division of
Agricultural Co-operation extension, Smith-Lever
Act 6,610.76
For the Trustees of Delaware College (Chair of
History) 2,500.00
For the Trustees of Delaware College for the main-tenance
of the Summer School for Teachers 4,000.00
For the Trustees of Delaware College for the main-tenance
of said College 30,000.00
For the Trustees of Delaware College for the main-tenance
of the Women's Affiliated College 30,000.00
For Delaware College for teaching agriculture 5,000.00
For Delaware College Experimental Farm 5,000.00
For Delaware College Short Winter Course 1,000.00
86 LAWS OF DELAWARE.
A PPROPIt I A TIO NS. *
State College for Colorect Students.
For the Trustees of the State College for Colored
Students (United States Government appro-priation)
10,000.09
For the Trustees of the State School for Colored
Students for the improvements of buildings and
grounds 8,000.00
For the Trustees of the State College for Colored
Students for the holding of Summer Schools. 500.00
For Board for Colored Teachers at Summer School 500.00
Sichools.
For the State Treasurer to carry out the provisions
of Section 2312, Revised Code, relating to free
graded schools 22,000.00
For Ferris Industrial School operation and main-tenance
7,500.00
For Ferris Industrial School for teaching 1,200.00
For Delaware Industrial School for Girls 4,000.00
For the special improvement of colored schools as
provided by law 3,0.00.00
For the encouragement of consolidation of County
schools 10,000.00
Libraries:
For the Chairman of the Commitee on Traveling Li-braries
of the State Federation of 'Women's Clubs
for the establishment of Traveling Libraries
For free libraries in School Districts
Charities and Eleentosyn«rg Institutions.
For the board and tuition of indigent deaf, dumb,
blind and idiotic children 15,000.00
For Delaware State Hospital at Farnhurst, general
maintenance 110,265.00
100.00
600.00
Historical Records.
For the expenses of the Public Archives Commission
Historical Society of Delaware
Purchase of State Papers
Public Highways.
2,000.00
300.00
500.00
For the improvement of the public highways in New
. Castle County 10,000.00
For the improvement of the public highways in Kent
County 10,000.00
For the improvement of the public highways in Sus-sex
County 10,000.00
For the salary of the State Highway Commissioner
of New Castle County 1,000.09
LAWS OF DELAWARE. 87
APPROPRIATIONS.
For Delaware State Hospital dt.Farnhurst, repair
sfund 5,000.00
For Delaware State Hospital at Farnhurst (amuse-ment
fund) 600.00
For St. Michael's Day Nursery and Hospital for
Babies 2,000.00
For the Society for the Prevention of Cruelty to
Children 900.00
For tbe Delaware Commission for the Blind 10,000.00
For the Delaware Commission for the Blind (for
apprentices) 1,000.00
For the burial of indigent soldiers, sailors and ma-rines
700.00
For the proper observance of Memorial Day 1,000.00
For the Old Folks' Home at Dover 2,500.00
For the Soldiers' Best Boom at Delaware City 200.00
For Home for Feeble-Minded 15,000.00
For the Mothers' Pension Fund 18,000.00
For State Board of Charities 5,000.00
The Layton Home for Aged Colored People 1,000.00
88 LAWS OV DELA WAR g.
APPROPRIATIONS.
Public Health.
For the expenses of the State Board of Health.... 6,000.00
For the expenses of the Bureau of Vital Statistics. 2,000.00
For the Pathological and Bacteriological Laboratory 10,000.00
For the purchase and distribution of diphtheria anti-toxin
500.00
For the State Tuberculosis COMMISSiOn to defray
the expenses of the said Commission 20,000.00
For the State Tuberculosis Commission to provide
for the care of colored consumptives 10,000.00
For the State Tuberculosis Commission for Hospital
Buildings (colored) 4,000.00
For the Medical Council of Delaware 300.00
For the State Board of Pharmacy 250.00
For reporting Diseases dangerous to public health 2,500.00
Agriculture.
For the State Board of Agriculture for the payment
of the expenses of said Board 5,000.00
For State Chemist - 5,000.00
For the State Live Stock Sanitary Board 5,000.00
For the State Board of Immigration 1,000.00
For the State Board of Agriculture for the encourag-ing
of the Breeding of poultry 300.00
For the Peninsular .Horticultural Society 1,000.00
For the Farmers' Institutes and to _defray the inci-dental
expenses of holding such institutes 600.00
For the Delaware Corn Growers' Association won
For Sussex County Experimental Work 5,000.00
Public Defense.
For the salary ofAdjutant General
For the salary of time Clerk to the Adjutant General
For the National Guard of Delaware for the ex-penses
of providing Uniforms and equipment
1,200.00
600.00
2,500.00
For the National Guard of Delaware for the main-tenance
thereof.
For the National Guard of Delaware for the ex-penses
of field practice
Interest on, Bonded Indebtedness.
LAWS OF DELAWARE. - 89
APPROPRIATIONS.
For the interest on the issue of 1907, Farmers' Bank,
Dover 9,200.00
For the interest on the issue of 1907, Farmers' Bank,
Wilmington 1,600.00
For the interest on the issue of 1907, Farmers' Bank,
Wilmington 800.00
For the interest on the issue of 1897, Philadelphia
National Bank 7,350.00
Farnhurst, interest on Bonds 2,200.00
For Women's Affiliated College, interest on Bonds 4,600.00
Elections.
Department of Elections of City of Wilmington. 7,800.00
Registrars and Assistant Jlegistrars 25,000.00
Miscellaneous.
For the payment_ of portraits of prominent Dele-wareans
for the State Honse 500.00
For the portraits of the Governors of Delaware 350.00
For the compensation of Assessors 800.00
For the Delaware State Fair 10,000.00
For the Governor's Conference 350.00
For the Robbins Hose Company 250.09
Etna I lose, Hook and Ladder Company 250.00
For the redemption of State Bonds 10,000.00
Appropriation to meet the provision of the Smith-
Hughes Vocational Bill 23,000.00
Premiums on Bonds for Officers to be paid by State 300.00
For Reconstruction Commission 25,000.00
For Legislative Auditing Committee 1,500.00
Commission for Decorating State House 5,000.00
5,000.00
8,000.00
90 I.Aws on' DELAWARE.
APPROPRIATIONS.
l'ublie Buildings.
For epee( ion of femorial Building as per House Bill
No. 244 100 000.00
Section 2. If the estimated -revenues of the State of Dela-ware
shall prove to he insufficient for the payment of the several
appropriations provided for herein, to provide for casual defi-ciencies
of revenue for said fiscal year, and in order that the
appropriathms hereinabove enumerated may be promptly paid,
the State Treasurer is hereby authorized to issue notes or cer-tificates
of indebtedness of the' State of Delaware to such an
amount as he shall, by and with the consent of the Governor and
the Secretary of State, deem necessary to meet and to pay any
of said apprilpriations, or any part of any of said appropria-tions,
as to whieh the revenues of the State of Delaware for the
fiscal year a formid may prove to he insufficient, not, however,
to exceed the sum of one hundred thousand dollars. The said
notes or vertifieates of indebtedness shall be in such denomi-nations,
and have such form as the Governor, the Secretary of
State, and the Slate Treasurer may determine, and shall be pay-able
at any period not exceeding one year from the date of the
issuance thereof out of any moneys in the treasury of the State
not otherwise appropriated. The said notes or certificates of
indebtedness shall he numbered consecutively, and shall be
dated the fifteenth day of November, 1920, The prine;pal of
said notes or (ertifieates of indebtedness shall be payable at
the Farmers' Bank, it I I )over, on the date of their maturity
upon presentation thereat and surrender thereof.
The said notes or vertilleates of indebtedness shall be signed
I),'' he I overnoT, (hi' Secretary of State, and the State Treasurer,
for and on behalf of the State, and shall have the great seal of
the State of Delaware impressed thereon or affixed thereto.
Section 3. _The Governor, the State Treasurer and the Sec-retary
of State shall constitute a Commisshm to negotiate and
arrange for the sale or disposition of said notes or certificates of
indebtedness.
LAWS Or DELAWARE. - 91
APPROPRIATIONS.
Section 4. That all moneys received by the State Treasurer
from the sale of the said notes or certificates of indebtedness
by this Act authorized to be issued, shall be and they are hereby
specially pledged and appropriated to and for the payment of
the several appropriations, or any part or portion thereof here-inabove
enumerated and set forth, as to which the revenues of
the State for the said fiscal year may prove to be insufficient;
provided, however, if, for the payment of said appropriations
it shall be necessary to sell said notes or certificates of indebted-ness,
or any of them, and ther

On Monday, March 11th, A. D. 1918
LAWS
OF THE
STATE OF DELAWARE
PASSED AT A
SPECIAL SESSION
OF TlIE
NINETY- SIXTH GENERAL ASSEMBLY
COMMENCED AND 11ELD AT DOVER
AND
In the Year of the Independence of the ' United States the One
Hundred and Forty- Second
AND
NINETY- SEVENTH SESSION
OF THE
GENERAL ASSEMBLY
COMMENCED AND HELD AT DOVER
On Tuesday, January 7th, A. D. 1919
AND
In the Year of the Independence of the United States the One
Hundred and Forty- Third
VOLUME XXX
TI1E STAR PUBLISHING CO.
Star Building
309 Shipley Street
Wilmington, Delaware
1919